HB 1199 2003
1	A bill to be entitled
2	An act relating to driving under the influence; amending
3	s. 316.193, F.S.; removing references to ignition
4	interlock devices; decreasing the minimum blood-alcohol
5	level for certain offenses; providing penalties; repealing
6	ss. 316.1937 and 316.1938, F.S., relating to ignition
7	interlock devices; amending s. 316.655, F.S.; requiring
8	minimum periods of suspension of driving privileges for
9	certain offenses; amending s. 316.656, F.S.; prohibiting a
10	judge from accepting a plea to a lesser offense under
11	certain circumstances; amending s. 322.271, F.S.;
12	correcting a cross reference; creating s. 322.2715, F.S.;
13	authorizing the Department of Highway Safety and Motor
14	Vehicles to contract for certain commodities and services;
15	requiring the installation of ignition interlock devices
16	as a condition to certain licensure; requiring warning
17	labels; requiring the installation of ignition interlock
18	devices on certain vehicles for certain period of time;
19	providing for such time requirement to be determined by
20	the court, subject to certain minimums; requiring
21	notification by an offender to a probation officer when
22	installation of an ignition interlock device is required
23	as a condition of probation; providing penalties,
24	including a minimum mandatory sentence, for failure to
25	provide such notice; providing that certain actions with
26	respect to such devices or vehicles is unlawful and
27	prohibiting the lending or leasing of vehicles to persons
28	required to drive vehicles with ignition interlocking
29	devices if such vehicles do not have such devices;
30	providing penalties, including minimum mandatory penalties
31	under certain circumstances; providing an exception;
32	providing for severability; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Section 316.193, Florida Statutes, is amended
37	to read:
38	316.193 Driving under the influence; penalties.--
39	(1) A person is guilty of the offense of driving under the
40	influence and is subject to punishment as provided in subsection
41	(2) if the person is driving or in actual physical control of a
42	vehicle within this state and:
43	(a) The person is under the influence of alcoholic
44	beverages, any chemical substance set forth in s. 877.111, or
45	any substance controlled under chapter 893, when affected to the
46	extent that the person's normal faculties are impaired;
47	(b) The person has a blood-alcohol level of 0.08 or more
48	grams of alcohol per 100 milliliters of blood; or
49	(c) The person has a breath-alcohol level of 0.08 or more
50	grams of alcohol per 210 liters of breath.
51	(2)(a) Except as provided in paragraph (b), subsection
52	(3), or subsection (4), any person who is convicted of a
53	violation of subsection (1) shall be punished:
54	1. By a fine of:
55	a. Not less than $250 or more than $500 for a first
56	conviction.
57	b. Not less than $500 or more than $1,000 for a second
58	conviction; and
59	2. By imprisonment for:
60	a. Not more than 6 months for a first conviction.
61	b. Not more than 9 months for a second conviction.
62	3. For a second conviction, by mandatory placement for a
63	period of at least 1 year, at the convicted person's sole
64	expense, of an ignition interlock device approved by the
65	department in accordance with s. 316.1938 upon all vehicles that
66	are individually or jointly leased or owned and routinely
67	operated by the convicted person, when the convicted person
68	qualifies for a permanent or restricted license. The
69	installation of such device may not occur before July 1, 2003.
70	(b)1. Any person who is convicted of a third violation of
71	this section for an offense that occurs within 10 years after a
72	prior conviction for a violation of this section commits a
73	felony of the third degree, punishable as provided in s.
74	775.082, s. 775.083, or s. 775.084. In addition, the court shall
75	order the mandatory placement for a period of not less than 2
76	years, at the convicted person's sole expense, of an ignition
77	interlock device approved by the department in accordance with
78	s. 316.1938 upon all vehicles that are individually or jointly
79	leased or owned and routinely operated by the convicted person,
80	when the convicted person qualifies for a permanent or
81	restricted license. The installation of such device may not
82	occur before July 1, 2003.
83	2. Any person who is convicted of a third violation of
84	this section for an offense that occurs more than 10 years after
85	the date of a prior conviction for a violation of this section
86	shall be punished by a fine of not less than $1,000 or more than
87	$2,500 and by imprisonment for not more than 12 months. In
88	addition, the court shall order the mandatory placement for a
89	period of at least 2 years, at the convicted person's sole
90	expense, of an ignition interlock device approved by the
91	department in accordance with s. 316.1938 upon all vehicles that
92	are individually or jointly leased or owned and routinely
93	operated by the convicted person, when the convicted person
94	qualifies for a permanent or restricted license. The
95	installation of such device may not occur before July 1, 2003.
96	3. Any person who is convicted of a fourth or subsequent
97	violation of this section, regardless of when any prior
98	conviction for a violation of this section occurred, commits a
99	felony of the third degree, punishable as provided in s.
100	775.082, s. 775.083, or s. 775.084. However, the fine imposed
101	for such fourth or subsequent violation may be not less than
102	$1,000.
103	(3) Any person:
104	(a) Who is in violation of subsection (1);
105	(b) Who operates a vehicle; and
106	(c) Who, by reason of such operation, causes or
107	contributes to causing:
108	1. Damage to the property or person of another commits a
109	misdemeanor of the first degree, punishable as provided in s.
110	775.082 or s. 775.083.
111	2. Serious bodily injury to another, as defined in s.
112	316.1933, commits a felony of the third degree, punishable as
113	provided in s. 775.082, s. 775.083, or s. 775.084.
114	3. The death of any human being commits DUI manslaughter,
115	and commits:
116	a. A felony of the second degree, punishable as provided
117	in s. 775.082, s. 775.083, or s. 775.084.
118	b. A felony of the first degree, punishable as provided in
119	s. 775.082, s. 775.083, or s. 775.084, if:
120	(I) At the time of the crash, the person knew, or should
121	have known, that the crash occurred; and
122	(II) The person failed to give information and render aid
123	as required by s. 316.062.
124	(4) Any person who is convicted of a violation of
125	subsection (1) and who has a blood-alcohol level or breath-
126	alcohol level of 0.160.20or higher, or any person who is
127	convicted of a violation of subsection (1) and who at the time
128	of the offense was accompanied in the vehicle by a person under
129	the age of 18 years, shall be punished:
130	(a) By a fine of:
131	1. Not less than $500 or more than $1,000 for a first
132	conviction.
133	2. Not less than $1,000 or more than $2,000 for a second
134	conviction.
135	3. Not less than $2,000 for a third or subsequent
136	conviction.
137	(b) By imprisonment for:
138	1. Not more than 9 months for a first conviction.
139	2. Not more than 12 months for a second conviction.
140
141	For the purposes of this subsection, only the instant offense is
142	required to be a violation of subsection (1) by a person who has
143	a blood-alcohol level or breath-alcohol level of 0.160.20or
144	higher.
145	(c) In addition to the penalties in paragraphs (a) and
146	(b), the court shall order the mandatory placement, at the
147	convicted person's sole expense, of an ignition interlock device
148	approved by the department in accordance with s. 316.1938 upon
149	all vehicles that are individually or jointly leased or owned
150	and routinely operated by the convicted person for up to 6
151	months for the first offense and for at least 2 years for a
152	second offense, when the convicted person qualifies for a
153	permanent or restricted license. The installation of such device
154	may not occur before July 1, 2003.
155	(5) The court shall place all offenders convicted of
156	violating this section on monthly reporting probation and shall
157	require completion of a substance abuse course conducted by a
158	DUI program licensed by the department under s. 322.292, which
159	must include a psychosocial evaluation of the offender. If the
160	DUI program refers the offender to an authorized substance abuse
161	treatment provider for substance abuse treatment, in addition to
162	any sentence or fine imposed under this section, completion of
163	all such education, evaluation, and treatment is a condition of
164	reporting probation. The offender shall assume reasonable costs
165	for such education, evaluation, and treatment. The referral to
166	treatment resulting from a psychosocial evaluation shall not be
167	waived without a supporting independent psychosocial evaluation
168	conducted by an authorized substance abuse treatment provider
169	appointed by the court, which shall have access to the DUI
170	program's psychosocial evaluation before the independent
171	psychosocial evaluation is conducted. The court shall review the
172	results and recommendations of both evaluations before
173	determining the request for waiver. The offender shall bear the
174	full cost of this procedure. The term "substance abuse" means
175	the abuse of alcohol or any substance named or described in
176	Schedules I through V of s. 893.03. If an offender referred to
177	treatment under this subsection fails to report for or complete
178	such treatment or fails to complete the DUI program substance
179	abuse education course and evaluation, the DUI program shall
180	notify the court and the department of the failure. Upon receipt
181	of the notice, the department shall cancel the offender's
182	driving privilege, notwithstanding the terms of the court order
183	or any suspension or revocation of the driving privilege. The
184	department may temporarily reinstate the driving privilege on a
185	restricted basis upon verification from the DUI program that the
186	offender is currently participating in treatment and the DUI
187	education course and evaluation requirement has been completed.
188	If the DUI program notifies the department of the second failure
189	to complete treatment, the department shall reinstate the
190	driving privilege only after notice of completion of treatment
191	from the DUI program. The organization that conducts the
192	substance abuse education and evaluation may not provide
193	required substance abuse treatment unless a waiver has been
194	granted to that organization by the department. A waiver may be
195	granted only if the department determines, in accordance with
196	its rules, that the service provider that conducts the substance
197	abuse education and evaluation is the most appropriate service
198	provider and is licensed under chapter 397 or is exempt from
199	such licensure. A statistical referral report shall be submitted
200	quarterly to the department by each organization authorized to
201	provide services under this section.
202	(6) With respect to any person convicted of a violation of
203	subsection (1), regardless of any penalty imposed pursuant to
204	subsection (2), subsection (3), or subsection (4):
205	(a) For the first conviction, the court shall place the
206	defendant on probation for a period not to exceed 1 year and, as
207	a condition of such probation, shall order the defendant to
208	participate in public service or a community work project for a
209	minimum of 50 hours; or the court may order instead, that any
210	defendant pay an additional fine of $10 for each hour of public
211	service or community work otherwise required, if, after
212	consideration of the residence or location of the defendant at
213	the time public service or community work is required, payment
214	of the fine is in the best interests of the state. However, the
215	total period of probation and incarceration may not exceed 1
216	year. The court must also, as a condition of probation, order
217	the impoundment or immobilization of the vehicle that was
218	operated by or in the actual control of the defendant or any one
219	vehicle registered in the defendant's name at the time of
220	impoundment or immobilization, for a period of 10 days or for
221	the unexpired term of any lease or rental agreement that expires
222	within 10 days. The impoundment or immobilization must not occur
223	concurrently with the incarceration of the defendant. The
224	impoundment or immobilization order may be dismissed in
225	accordance with paragraph (e), paragraph (f), paragraph (g), or
226	paragraph (h).
227	(b) For the second conviction for an offense that occurs
228	within a period of 5 years after the date of a prior conviction
229	for violation of this section, the court shall order
230	imprisonment for not less than 10 days. The court must also, as
231	a condition of probation, order the impoundment or
232	immobilization of all vehicles owned by the defendant at the
233	time of impoundment or immobilization, for a period of 30 days
234	or for the unexpired term of any lease or rental agreement that
235	expires within 30 days. The impoundment or immobilization must
236	not occur concurrently with the incarceration of the defendant
237	and must occur concurrently with the driver's license revocation
238	imposed under s. 322.28(2)(a)2. The impoundment or
239	immobilization order may be dismissed in accordance with
240	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
241	At least 48 hours of confinement must be consecutive.
242	(c) For the third or subsequent conviction for an offense
243	that occurs within a period of 10 years after the date of a
244	prior conviction for violation of this section, the court shall
245	order imprisonment for not less than 30 days. The court must
246	also, as a condition of probation, order the impoundment or
247	immobilization of all vehicles owned by the defendant at the
248	time of impoundment or immobilization, for a period of 90 days
249	or for the unexpired term of any lease or rental agreement that
250	expires within 90 days. The impoundment or immobilization must
251	not occur concurrently with the incarceration of the defendant
252	and must occur concurrently with the driver's license revocation
253	imposed under s. 322.28(2)(a)3. The impoundment or
254	immobilization order may be dismissed in accordance with
255	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
256	At least 48 hours of confinement must be consecutive.
257	(d) The court must at the time of sentencing the defendant
258	issue an order for the impoundment or immobilization of a
259	vehicle. Within 7 business days after the date that the court
260	issues the order of impoundment or immobilization, the clerk of
261	the court must send notice by certified mail, return receipt
262	requested, to the registered owner of each vehicle, if the
263	registered owner is a person other than the defendant, and to
264	each person of record claiming a lien against the vehicle.
265	(e) A person who owns but was not operating the vehicle
266	when the offense occurred may submit to the court a police
267	report indicating that the vehicle was stolen at the time of the
268	offense or documentation of having purchased the vehicle after
269	the offense was committed from an entity other than the
270	defendant or the defendant's agent. If the court finds that the
271	vehicle was stolen or that the sale was not made to circumvent
272	the order and allow the defendant continued access to the
273	vehicle, the order must be dismissed and the owner of the
274	vehicle will incur no costs. If the court denies the request to
275	dismiss the order of impoundment or immobilization, the
276	petitioner may request an evidentiary hearing.
277	(f) A person who owns but was not operating the vehicle
278	when the offense occurred, and whose vehicle was stolen or who
279	purchased the vehicle after the offense was committed directly
280	from the defendant or the defendant's agent, may request an
281	evidentiary hearing to determine whether the impoundment or
282	immobilization should occur. If the court finds that either the
283	vehicle was stolen or the purchase was made without knowledge of
284	the offense, that the purchaser had no relationship to the
285	defendant other than through the transaction, and that such
286	purchase would not circumvent the order and allow the defendant
287	continued access to the vehicle, the order must be dismissed and
288	the owner of the vehicle will incur no costs.
289	(g) The court shall also dismiss the order of impoundment
290	or immobilization of the vehicle if the court finds that the
291	family of the owner of the vehicle has no other private or
292	public means of transportation.
293	(h) The court may also dismiss the order of impoundment or
294	immobilization of any vehicles that are owned by the defendant
295	but that are operated solely by the employees of the defendant
296	or any business owned by the defendant.
297	(i) All costs and fees for the impoundment or
298	immobilization, including the cost of notification, must be paid
299	by the owner of the vehicle or, if the vehicle is leased or
300	rented, by the person leasing or renting the vehicle, unless the
301	impoundment or immobilization order is dismissed. All provisions
302	of s. 713.78 shall apply.
303	(j) The person who owns a vehicle that is impounded or
304	immobilized under this paragraph, or a person who has a lien of
305	record against such a vehicle and who has not requested a review
306	of the impoundment pursuant to paragraph (e), paragraph (f), or
307	paragraph (g), may, within 10 days after the date that person
308	has knowledge of the location of the vehicle, file a complaint
309	in the county in which the owner resides to determine whether
310	the vehicle was wrongfully taken or withheld from the owner or
311	lienholder. Upon the filing of a complaint, the owner or
312	lienholder may have the vehicle released by posting with the
313	court a bond or other adequate security equal to the amount of
314	the costs and fees for impoundment or immobilization, including
315	towing or storage, to ensure the payment of such costs and fees
316	if the owner or lienholder does not prevail. When the bond is
317	posted and the fee is paid as set forth in s. 28.24, the clerk
318	of the court shall issue a certificate releasing the vehicle. At
319	the time of release, after reasonable inspection, the owner or
320	lienholder must give a receipt to the towing or storage company
321	indicating any loss or damage to the vehicle or to the contents
322	of the vehicle.
323	(k) A defendant, in the court's discretion, may be
324	required to serve all or any portion of a term of imprisonment
325	to which the defendant has been sentenced pursuant to this
326	section in a residential alcoholism treatment program or a
327	residential drug abuse treatment program. Any time spent in such
328	a program must be credited by the court toward the term of
329	imprisonment.
330
331	For the purposes of this section, any conviction for a violation
332	of s. 327.35; a previous conviction for the violation of former
333	s. 316.1931, former s. 860.01, or former s. 316.028; or a
334	previous conviction outside this state for driving under the
335	influence, driving while intoxicated, driving with an unlawful
336	blood-alcohol level, driving with an unlawful breath-alcohol
337	level, or any other similar alcohol-related or drug-related
338	traffic offense, is also considered a previous conviction for
339	violation of this section. However, in satisfaction of the fine
340	imposed pursuant to this section, the court may, upon a finding
341	that the defendant is financially unable to pay either all or
342	part of the fine, order that the defendant participate for a
343	specified additional period of time in public service or a
344	community work project in lieu of payment of that portion of the
345	fine which the court determines the defendant is unable to pay.
346	In determining such additional sentence, the court shall
347	consider the amount of the unpaid portion of the fine and the
348	reasonable value of the services to be ordered; however, the
349	court may not compute the reasonable value of services at a rate
350	less than the federal minimum wage at the time of sentencing.
351	(7) A conviction under this section does not bar any civil
352	suit for damages against the person so convicted.
353	(8) At the arraignment, or in conjunction with any notice
354	of arraignment provided by the clerk of the court, the clerk
355	shall provide any person charged with a violation of this
356	section with notice that upon conviction the court shall suspend
357	or revoke the offender's driver's license and that the offender
358	should make arrangements for transportation at any proceeding in
359	which the court may take such action. Failure to provide such
360	notice does not affect the court's suspension or revocation of
361	the offender's driver's license.
362	(9) A person who is arrested for a violation of this
363	section may not be released from custody:
364	(a) Until the person is no longer under the influence of
365	alcoholic beverages, any chemical substance set forth in s.
366	877.111, or any substance controlled under chapter 893 and
367	affected to the extent that his or her normal faculties are
368	impaired;
369	(b) Until the person's blood-alcohol level or breath-
370	alcohol level is less than 0.05; or
371	(c) Until 8 hours have elapsed from the time the person
372	was arrested.
373	(10) The rulings of the Department of Highway Safety and
374	Motor Vehicles under s. 322.2615 shall not be considered in any
375	trial for a violation of this section. Testimony or evidence
376	from the administrative proceedings or any written statement
377	submitted by a person in his or her request for administrative
378	review is inadmissible into evidence or for any other purpose in
379	any criminal proceeding, unless timely disclosed in criminal
380	discovery pursuant to Rule 3.220, Florida Rules of Criminal
381	Procedure.
382	(11) The Department of Highway Safety and Motor Vehicles
383	is directed to adopt rules providing for the implementation of
384	the use of ignition interlock devices.
385	Section 2. Sections 316.1937 and 316.1938, Florida
386	Statutes, are repealed.
387	Section 3. Section 316.655, Florida Statutes, is amended
388	to read:
389	316.655 Penalties.--
390	(1) A violation of any of the provisions of this chapter,
391	except those violations with a specific criminal charge, as
392	enumerated in s. 318.17, are infractions, as defined in s.
393	318.13(3). Except for violations of s. 316.302, infractions of
394	this chapter are punishable as provided in chapter 318. Any
395	person convicted of a violation of or otherwise found to be in
396	violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or
397	s. 316.550 shall be punished as specifically provided in that
398	section.
399	(2) Notwithstanding the provision of chapter 322,drivers
400	convicted of a violation of any offense prohibited by this
401	chapter or any other law of this state regulating motor vehicles
402	may have their driving privileges revoked or suspended by the
403	court if the court finds such revocation or suspension warranted
404	by the totality of the circumstances resulting in the conviction
405	and the need to provide for the maximum safety for all persons
406	who travel on or who are otherwise affected by the use of the
407	highways of the state, provided, however, that no period of
408	revocation or suspension may be less than that required by
409	chapter 322. In determining whether suspension or revocation is
410	appropriate, the court shall consider all pertinent factors,
411	including, but not limited to, such factors as the extent and
412	nature of the driver's violation of this chapter, the number of
413	persons killed or injured as the result of the driver's
414	violation of this chapter, and the extent of any property damage
415	resulting from the driver's violation of this chapter.
416	(3) Notwithstanding the provisions of chapter 322, the
417	court may require persons convicted of a violation of any
418	offense prohibited by this chapter or any other law of this
419	state to have installed a department-approved ignition interlock
420	device upon all vehicles that are operated by the convicted
421	person, at the convicted person's sole expense. The court, based
422	upon the totality of the circumstances, shall determine the
423	length of required installation and the need to provide for the
424	maximum safety for all persons who travel on or who are
425	otherwise affected by the use of the highways of the state.
426	Section 4. Paragraph (a) of subsection (2) of section
427	316.656, Florida Statutes, is amended to read:
428	316.656 Mandatory adjudication; prohibition against
429	accepting plea to lesser included offense.--
430	(2)(a) No trial judge may accept a plea of guilty to a
431	lesser offense from a person charged under the provisions of
432	this act who has been given a breath or blood test to determine
433	blood or breath alcohol content, the results of which show a
434	blood or breath alcohol content by weight of 0.160.20percent
435	or more.
436	Section 5. Paragraph (d) of subsection (2) of section
437	322.271, Florida Statutes, is amended to read:
438	322.271 Authority to modify revocation, cancellation, or
439	suspension order.--
440	(2)
441	(d) The department, based upon review of the licensee's
442	application for reinstatement, may require use of an ignition
443	interlock device pursuant to s. 316.1937.
444	Section 6. Section 322.2715, Florida Statutes, is created
445	to read:
446	322.2715 Ignition interlock devices; certification;
447	warning label; unlawful acts.--
448	(1) The Department of Highway Safety and Motor Vehicles is
449	authorized to contract, in accordance with chapter 287, with a
450	provider or providers to furnish all or some of the commodities
451	and contractual services required for the implementation of this
452	section. Said contract must contain provisions for the providing
453	of ignition interlock devices to the indigent.
454	(2) The ignition interlock devices, when installed in a
455	vehicle, shall prevent the vehicle from starting if the
456	operator's breath alcohol level is in excess of 0.025 grams of
457	alcohol per 210 liters of breath.
458	(3) A warning label shall be affixed to each ignition
459	interlock device upon installation. The label shall contain a
460	warning that any person tampering with, circumventing, or
461	otherwise misusing the device is guilty of a violation of law
462	and may be subject to civil and criminal liability.
463	(4)(a) Prior to issuing a permanent or restricted license
464	under this chapter, the department shall require the placement
465	of a department-approved ignition interlock device, for any
466	person convicted of committing any DUI, upon all vehicles that
467	are operated by the convicted person, at the convicted person's
468	sole expense.
469	(b) For the purposes of this section, any conviction for a
470	violation of s. 316.193 or s. 316.1939; a previous conviction
471	for the violation of former s. 316.1931, former s. 860.01, or
472	former s. 316.028; or a previous conviction outside this state
473	for driving under the influence, driving while intoxicated,
474	driving with an unlawful blood-alcohol level, driving with an
475	unlawful breath-alcohol level, or any other similar alcohol-
476	related or drug-related traffic offense is considered a
477	conviction of DUI.
478	(c) If the person has been convicted of:
479	1. A first offense of DUI, the court may require the use
480	of an approved ignition interlock device for a period of not
481	less than 6 months or more than 2 years.
482	2. A first offense of DUI and at the time of the offense
483	was:
484	a. Accompanied in the vehicle by a person under the age of
485	18 years, the ignition interlock device shall be required for a
486	period of not less than 6 months or more than 2 years.
487	b. The person had a blood-alcohol level or breath-alcohol
488	level of twice that prohibited by s. 316.193(1), the ignition
489	interlock device shall be required for a period of not less than
490	6 months or more than 2 years.
491	3. A second offense of DUI, the ignition interlock device
492	shall be required for a period of not less than 1 year or more
493	than 2 years.
494	4. A third or subsequent offense of DUI, the ignition
495	interlock device shall be required for a period of 2 years.
496	5. DUI manslaughter with no previous DUI convictions, the
497	ignition interlock device shall be required for a period of not
498	less than 1 year or more than 2 years.
499	6. DUI and the offender is accepted into a supervision
500	program conducted by a licensed DUI program and fails the
501	abstinence requirement of the program, the supervision program
502	shall continue and an ignition interlock device shall be
503	required for 1 year of a 5-year license revocation period
504	required by s. 322.28(2)(a) and for 2 years of a 10-year license
505	revocation period required by s. 322.28(2)(a), and the time
506	period of the original license suspension shall be extended such
507	that the period of suspension shall be deemed to begin on the
508	date the ignition interlock device is installed. If such DUI
509	offender fails the abstinence requirement of the supervision
510	program a second time, the offender’s restricted license shall
511	be revoked for the remaining revocation period.
512	(5) The requirement to place an ignition interlock device
513	in a convicted person’s vehicles shall be recorded on the
514	person’s license and in the department’s records.
515	(a) If, while required to place ignition interlock devices
516	in his or her vehicle, the convicted person is on any type of
517	probation, the probation order shall contain a condition
518	requiring the placement of an ignition interlock device, as
519	required by this section, effective upon the convicted person's
520	obtaining a license under s. 322.271. The convicted person shall
521	notify his or her probation officer of said condition within 72
522	hours after imposition of said condition.
523	(b) A convicted person who violates the notice requirement
524	of paragraph (a) commits a misdemeanor of the first degree,
525	punishable as provided in s. 775.082 or s. 775.083, and shall be
526	sentenced to and required to serve a minimum term of
527	incarceration of not less than 10 days.
528	(6) The department shall require proof of installation of
529	the ignition interlock device, shall require monitoring by a
530	licensed DUI program of the person required to have an ignition
531	interlock device, and shall require periodic reporting to the
532	department by the licensed DUI program for verification of the
533	operation of the device in the convicted person’s vehicle.
534	(7) It is unlawful:
535	(a) To tamper with, or to circumvent the operation of, an
536	ignition interlock device.
537	(b) For any person whose driving privilege is restricted
538	pursuant to this section to request or solicit any other person
539	to blow into an ignition interlock device or to start a motor
540	vehicle equipped with the device for the purpose of providing
541	the person so restricted with an operable motor vehicle.
542	(c) To blow into an ignition interlock device or to start
543	a motor vehicle equipped with the device for the purpose of
544	providing an operable motor vehicle to a person whose driving
545	privilege is restricted pursuant to this section.
546	(d) To knowingly lease or lend a motor vehicle to a person
547	who has had his or her driving privilege restricted as provided
548	in this section, unless the vehicle is equipped with a
549	functioning, approved ignition interlock device. Any person
550	whose driving privilege requires the placement of an ignition
551	interlock device shall notify any other person who leases or
552	lends a motor vehicle to him or her of such driving restriction.
553	Failure to provide such notification shall also constitute a
554	violation of this subsection.
555	(e) For any person required to install an ignition
556	interlock device to operate a motor vehicle without an ignition
557	interlock device.
558	(8)(a) Any person who violates subsection (7) commits a
559	misdemeanor of the first degree, punishable as provided in s.
560	775.082 or s. 775.083, and shall be sentenced to and required to
561	serve a minimum term of incarceration of not less than 10 days.
562	(b) In addition to any other provision of law, upon
563	conviction of a violation of subsection (7) the department shall
564	revoke the person's driving privilege for 1 year from the date
565	of conviction.
566	(c) Upon conviction of a separate violation of subsection
567	(7) during the same period of required use of an ignition
568	interlock device, the department shall revoke the person's
569	driving privilege for 5 years from the date of conviction.
570	(d) Any person convicted of a violation of subsection (7)
571	who does not have a driver's license shall, in addition to any
572	other penalty provided by law, pay a fine of not less than $250
573	for each such violation. In the event that the person is unable
574	to pay any such fine, the fine shall become a lien against the
575	motor vehicle used in violation of subsection (7) and payment
576	shall be made pursuant to s. 316.3025(4).
577	(9)(a) Notwithstanding the provisions of this section, if
578	a person is required to operate a motor vehicle in the course
579	and scope of his or her employment and if the vehicle is owned
580	by the employer, the person may operate that vehicle without
581	installation of an approved ignition interlock device, if the
582	employer has been notified of such driving privilege restriction
583	and proof of that notification is with the vehicle.
584	(b) The provisions of paragraph (a) do not apply if the
585	business entity which owns the vehicle is owned or controlled by
586	the person whose driving privilege has been restricted.
587	(10) The department is authorized to adopt rules to
588	implement this section.
589	(11) Except with respect to hearings to be conducted by
590	the court, hearings pursuant to this section shall be conducted
591	pursuant to and in accordance with s. 322.271 and reviewed
592	pursuant to s. 322.31.
593	Section 7. Severability.--If any provision of this act is
594	held invalid, the invalidity shall not affect other provisions
595	of the act and to this end the provisions herein are declared
596	severable.
597	Section 8. Paragraph (a) of subsection (2) of section
598	316.656, Florida Statutes, is amended to read:
599	316.656 Mandatory adjudication; prohibition against
600	accepting plea to lesser included offense.--
601	(2)(a) No trial judge may accept a plea of guilty to a
602	lesser offense from a person charged under the provisions of
603	this act who has been given a breath or blood test to determine
604	blood or breath alcohol content, the results of which show a
605	blood or breath alcohol content by weight of 0.160.20percent
606	or more.
607	Section 9. This act shall take effect October 1, 2003.