Bill Text: HB 1199

HB 1199

2003

CHAMBER ACTION

The Committee on Public Safety & Crime Prevention recommends the

following:

Committee Substitute

Remove the entire bill and insert:

A bill to be entitled

An act relating to driving under the influence; amending

s. 316.1937, F.S.; establishing a breath alcohol level,

rather than a blood alcohol level as the basis for

requiring the installation of an ignition interlock device

on a vehicle operated by a DUI offender; requiring the

installation of ignition interlock devices on certain

vehicles for certain period of time where offender fails

the abstinence requirement of a supervision program;

extending the period of license suspension under such

circumstances; providing that the requirement to place an

ignition interlock device in a vehicle be recorded on the

offender's license and in the records of the Department of

Highway safety and Motor Vehicles; requiring the placement

of an ignition interlock device as a condition of

licensure for certain probationers; requiring notification

by an offender to a probation officer when installation of

an ignition interlock device is required as a condition of

probation; amending s. 316.1938, F.S.; authorizing the

Department of Highway Safety and Motor Vehicles to

contract for certain commodities and services; deleting

requirement that the department publish a list of approved

ignition interlock devices; deleting requirement that

manufacturers of ignition interlock devices pay the cost

of certifying ignition interlock devices; providing an

effective date.

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

Section 1. Section 316.1937, Florida Statutes, is amended

to read:

316.1937 Ignition interlock devices, requiring; unlawful

acts.--

(1) In addition to any other authorized penalties, the

court may require that any person who is convicted of driving

under the influence in violation of s. 316.193 shall not operate

a motor vehicle unless that vehicle is equipped with a

functioning ignition interlock device certified by the

department as provided in s. 316.1938, and installed in such a

manner that the vehicle will not start if the operator's breath

~~blood~~ alcohol level is in excess of 0.025 grams of alcohol per

210 liters of breath~~0.05 percent~~or as otherwise specified by

the court. The court may require the use of an approved ignition

interlock device for a period of not less than 6 months, if the

person is permitted to operate a motor vehicle, whether or not

the privilege to operate a motor vehicle is restricted, as

determined by the court. The court, however, shall order

placement of an ignition interlock device in those circumstances

required by s. 316.193.

(2) If the court imposes the use of an ignition interlock

device, the court shall:

(a) Stipulate on the record the requirement for, and the

period of, the use of a certified ignition interlock device.

(b) Order that the records of the department reflect such

requirement.

as the court may determine necessary, on any vehicle owned or

operated by the person.

(d) Determine the person's ability to pay for installation

of the device if the person claims inability to pay. If the

court determines that the person is unable to pay for

installation of the device, the court may order that any portion

of a fine paid by the person for a violation of s. 316.193 shall

be allocated to defray the costs of installing the device.

(e) Require proof of installation of the device,

monitoring by a licensed DUI program of the person required to

have an ignition interlock device,and periodic reporting to the

department by the licensed DUI programfor verification of the

operation of the device in the person's vehicle.

(3) If the court imposes the use of an ignition interlock

device on a person whose driving privilege is not suspended or

revoked, the court shall require the person to provide proof of

compliance to the department within 30 days. If the person fails

to provide proof of installation within that period, absent a

finding by the court of good cause for that failure which is

entered in the court record, the court shall notify the

department.

(4) If the court imposes the use of an ignition interlock

device on a person whose driving privilege is suspended or

revoked for a period of less than 3 years, the department shall

require proof of compliance before reinstatement of the person's

driving privilege.

(5)(a) In addition to any other provision of law, upon

conviction of a violation of this section the department shall

revoke the person's driving privilege for 1 year from the date

of conviction. Upon conviction of a separate violation of this

section during the same period of required use of an ignition

interlock device, the department shall revoke the person's

driving privilege for 5 years from the date of conviction.

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(b) Any person convicted of a violation of subsection (9)

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~~(6)~~who does not have a driver's license shall, in addition to

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any other penalty provided by law, pay a fine of not less than

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$250 or more than $500 per each such violation. In the event

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that the person is unable to pay any such fine, the fine shall

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become a lien against the motor vehicle used in violation of

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subsection (9)~~(6)~~and payment shall be made pursuant to s.

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316.3025(4).

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(6) If a person is convicted of DUI and is accepted into a

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supervision program conducted by a licensed DUI program and

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fails the abstinence requirement of the program, the supervision

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program shall continue and an ignition interlock device shall be

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required for 1 year of a 5-year license revocation period

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required by s. 322.28(2)(a) and for 2 years of a 10-year license

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revocation period required by s. 322.28(2)(a), and the time

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period of the original license suspension shall be extended such

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that the period of suspension shall be deemed to begin on the

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date the ignition interlock device is installed. If such DUI

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offender fails the abstinence requirement of the supervision

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program a second time, the offender’s restricted license shall

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be revoked for the remaining revocation period.

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(7) The requirement to place an ignition interlock device

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in a convicted person’s vehicles shall be recorded on the

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person’s license and in the department’s records.

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(8) If, while required to place an ignition interlock

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device on his or her vehicle, the convicted person is on any

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type of probation, the probation order shall contain a condition

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requiring the placement of an ignition interlock device, as

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required by this section, effective upon the convicted person’s

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obtaining a license under s. 322.271. The convicted person shall

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notify his or her probation officer of said condition within 72

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hours after imposition of said condition.

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(9)~~(6)~~(a) It is unlawful to tamper with, or to circumvent

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the operation of, a court-ordered ignition interlock device.

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(b) It is unlawful for any person whose driving privilege

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is restricted pursuant to this section to request or solicit any

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other person to blow into an ignition interlock device or to

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start a motor vehicle equipped with the device for the purpose

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of providing the person so restricted with an operable motor

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vehicle.

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device or to start a motor vehicle equipped with the device for

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the purpose of providing an operable motor vehicle to a person

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whose driving privilege is restricted pursuant to this section.

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(d) It is unlawful to knowingly lease or lend a motor

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vehicle to a person who has had his or her driving privilege

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restricted as provided in this section, unless the vehicle is

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equipped with a functioning, certified ignition interlock

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device. Any person whose driving privilege is restricted under a

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condition of probation requiring an ignition interlock device

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shall notify any other person who leases or loans a motor

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vehicle to him or her of such driving restriction.

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(10)~~(7)~~Notwithstanding the provisions of this section, if

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a person is required to operate a motor vehicle in the course

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and scope of his or her employment and if the vehicle is owned

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by the employer, the person may operate that vehicle without

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installation of an approved ignition interlock device if the

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employer has been notified of such driving privilege restriction

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and if proof of that notification is with the vehicle. This

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employment exemption does not apply, however, if the business

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entity which owns the vehicle is owned or controlled by the

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person whose driving privilege has been restricted.

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(11)~~(8)~~In addition to the penalties provided in this

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section, a violation of this section is a noncriminal traffic

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infraction, punishable as a nonmoving violation as provided in

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chapter 318.

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Section 2. Section 316.1938, Florida Statutes, is amended

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to read:

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316.1938 Ignition interlock devices, certification;

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warning label.--

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(1) The Department of Highway Safety and Motor Vehicles is

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authorized to contract, in accordance with chapter 287, with a

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provider or providers to furnish all or some of the commodities

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and contractual services required for the implementation of this

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section.

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(2)~~(1)~~The Department of Highway Safety and Motor Vehicles

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shall certify or cause to be certified the accuracy and

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precision of the breath-testing component of the ignition

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interlock devices as required by s. 316.1937~~, and shall publish~~

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~~a list of approved devices, together with rules governing the~~

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~~accuracy and precision of the breath-testing component of such~~

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~~devices as adopted by rule in compliance with s. 316.1937. The~~

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~~cost of certification shall be borne by the manufacturers of~~

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~~ignition interlock devices~~.

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(3)~~(2)~~No model of ignition interlock device shall be

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certified unless it meets the accuracy requirements specified by

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~~rule of~~the department.

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(4)~~(3)~~The department shall design and adopt by rule a

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warning label which shall be affixed to each ignition interlock

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device upon installation. The label shall contain a warning that

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any person tampering, circumventing, or otherwise misusing the

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device is guilty of a violation of law and may be subject to

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civil liability.

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Section 3. This act shall take effect July 1, 2003.

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