HB 1199, Engrossed 1 2003
   
1 A bill to be entitled
2          An act relating to driving under the influence; amending
3    s. 316.1937, F.S.; establishing a breath alcohol level,
4    rather than a blood alcohol level as the basis for
5    requiring the installation of an ignition interlock device
6    on a vehicle operated by a DUI offender; requiring the
7    installation of ignition interlock devices on certain
8    vehicles for certain period of time where offender fails
9    the abstinence requirement of a supervision program;
10    extending the period of license suspension under such
11    circumstances; providing that the requirement to place an
12    ignition interlock device in a vehicle be recorded on the
13    offender's license and in the records of the Department of
14    Highway safety and Motor Vehicles; requiring the placement
15    of an ignition interlock device as a condition of
16    licensure for certain probationers; requiring notification
17    by an offender to a probation officer when installation of
18    an ignition interlock device is required as a condition of
19    probation; amending s. 316.1938, F.S.; authorizing the
20    Department of Highway Safety and Motor Vehicles to
21    contract for certain commodities and services; deleting
22    requirement that the department publish a list of approved
23    ignition interlock devices; deleting requirement that
24    manufacturers of ignition interlock devices pay the cost
25    of certifying ignition interlock devices; providing an
26    effective date.
27         
28          Be It Enacted by the Legislature of the State of Florida:
29         
30          Section 1. Section 316.1937, Florida Statutes, is amended
31    to read:
32          316.1937 Ignition interlock devices, requiring; unlawful
33    acts.--
34          (1) In addition to any other authorized penalties, the
35    court may require that any person who is convicted of driving
36    under the influence in violation of s. 316.193 shall not operate
37    a motor vehicle unless that vehicle is equipped with a
38    functioning ignition interlock device certified by the
39    department as provided in s. 316.1938, and installed in such a
40    manner that the vehicle will not start if the operator's breath
41    blood alcohol level is in excess of 0.025 grams of alcohol per
42    210 liters of breath0.05 percentor as otherwise specified by
43    the court. The court may require the use of an approved ignition
44    interlock device for a period of not less than 6 months, if the
45    person is permitted to operate a motor vehicle, whether or not
46    the privilege to operate a motor vehicle is restricted, as
47    determined by the court. The court, however, shall order
48    placement of an ignition interlock device in those circumstances
49    required by s. 316.193.
50          (2) If the court imposes the use of an ignition interlock
51    device, the court shall:
52          (a) Stipulate on the record the requirement for, and the
53    period of, the use of a certified ignition interlock device.
54          (b) Order that the records of the department reflect such
55    requirement.
56          (c) Order that an ignition interlock device be installed,
57    as the court may determine necessary, on any vehicle owned or
58    operated by the person.
59          (d) Determine the person's ability to pay for installation
60    of the device if the person claims inability to pay. If the
61    court determines that the person is unable to pay for
62    installation of the device, the court may order that any portion
63    of a fine paid by the person for a violation of s. 316.193 shall
64    be allocated to defray the costs of installing the device.
65          (e) Require proof of installation of the device,
66    monitoring by a licensed DUI program of the person required to
67    have an ignition interlock device,and periodic reporting to the
68    department by the licensed DUI programfor verification of the
69    operation of the device in the person's vehicle.
70          (3) If the court imposes the use of an ignition interlock
71    device on a person whose driving privilege is not suspended or
72    revoked, the court shall require the person to provide proof of
73    compliance to the department within 30 days. If the person fails
74    to provide proof of installation within that period, absent a
75    finding by the court of good cause for that failure which is
76    entered in the court record, the court shall notify the
77    department.
78          (4) If the court imposes the use of an ignition interlock
79    device on a person whose driving privilege is suspended or
80    revoked for a period of less than 3 years, the department shall
81    require proof of compliance before reinstatement of the person's
82    driving privilege.
83          (5)(a) In addition to any other provision of law, upon
84    conviction of a violation of this section the department shall
85    revoke the person's driving privilege for 1 year from the date
86    of conviction. Upon conviction of a separate violation of this
87    section during the same period of required use of an ignition
88    interlock device, the department shall revoke the person's
89    driving privilege for 5 years from the date of conviction.
90          (b) Any person convicted of a violation of subsection (9)
91    (6)who does not have a driver's license shall, in addition to
92    any other penalty provided by law, pay a fine of not less than
93    $250 or more than $500 per each such violation. In the event
94    that the person is unable to pay any such fine, the fine shall
95    become a lien against the motor vehicle used in violation of
96    subsection (9)(6)and payment shall be made pursuant to s.
97    316.3025(4).
98          (6) If a person is convicted of DUI and is accepted into a
99    supervision program conducted by a licensed DUI program and
100    fails the abstinence requirement of the program, the supervision
101    program shall continue and an ignition interlock device shall be
102    required for 1 year of a 5-year license revocation period
103    required by s. 322.28(2)(a) and for 2 years of a 10-year license
104    revocation period required by s. 322.28(2)(a), and the time
105    period of the original license suspension shall be extended such
106    that the period of suspension shall be deemed to begin on the
107    date the ignition interlock device is installed. If such DUI
108    offender fails the abstinence requirement of the supervision
109    program a second time, the offender’s restricted license shall
110    be revoked for the remaining revocation period.
111          (7) The requirement to place an ignition interlock device
112    in a convicted person’s vehicles shall be recorded on the
113    person’s license and in the department’s records.
114          (8) If, while required to place an ignition interlock
115    device on his or her vehicle, the convicted person is on any
116    type of probation, the probation order shall contain a condition
117    requiring the placement of an ignition interlock device, as
118    required by this section, effective upon the convicted person’s
119    obtaining a license under s. 322.271. The convicted person shall
120    notify his or her probation officer of said condition within 72
121    hours after imposition of said condition.
122          (9)(6)(a) It is unlawful to tamper with, or to circumvent
123    the operation of, a court-ordered ignition interlock device.
124          (b) It is unlawful for any person whose driving privilege
125    is restricted pursuant to this section to request or solicit any
126    other person to blow into an ignition interlock device or to
127    start a motor vehicle equipped with the device for the purpose
128    of providing the person so restricted with an operable motor
129    vehicle.
130          (c) It is unlawful to blow into an ignition interlock
131    device or to start a motor vehicle equipped with the device for
132    the purpose of providing an operable motor vehicle to a person
133    whose driving privilege is restricted pursuant to this section.
134          (d) It is unlawful to knowingly lease or lend a motor
135    vehicle to a person who has had his or her driving privilege
136    restricted as provided in this section, unless the vehicle is
137    equipped with a functioning, certified ignition interlock
138    device. Any person whose driving privilege is restricted under a
139    condition of probation requiring an ignition interlock device
140    shall notify any other person who leases or loans a motor
141    vehicle to him or her of such driving restriction.
142          (10)(7)Notwithstanding the provisions of this section, if
143    a person is required to operate a motor vehicle in the course
144    and scope of his or her employment and if the vehicle is owned
145    by the employer, the person may operate that vehicle without
146    installation of an approved ignition interlock device if the
147    employer has been notified of such driving privilege restriction
148    and if proof of that notification is with the vehicle. This
149    employment exemption does not apply, however, if the business
150    entity which owns the vehicle is owned or controlled by the
151    person whose driving privilege has been restricted.
152          (11)(8)In addition to the penalties provided in this
153    section, a violation of this section is a noncriminal traffic
154    infraction, punishable as a nonmoving violation as provided in
155    chapter 318.
156          Section 2. Section 316.1938, Florida Statutes, is amended
157    to read:
158          316.1938 Ignition interlock devices, certification;
159    warning label.--
160          (1) The Department of Highway Safety and Motor Vehicles is
161    authorized to contract, in accordance with chapter 287, with a
162    provider or providers to furnish all or some of the commodities
163    and contractual services required for the implementation of this
164    section.
165          (2)(1)The Department of Highway Safety and Motor Vehicles
166    shall certify or cause to be certified the accuracy and
167    precision of the breath-testing component of the ignition
168    interlock devices as required by s. 316.1937, and shall publish
169    a list of approved devices, together with rules governing the
170    accuracy and precision of the breath-testing component of such
171    devices as adopted by rule in compliance with s. 316.1937. The
172    cost of certification shall be borne by the manufacturers of
173    ignition interlock devices.
174          (3)(2)No model of ignition interlock device shall be
175    certified unless it meets the accuracy requirements specified by
176    rule ofthe department.
177          (4)(3)The department shall design and adopt by rule a
178    warning label which shall be affixed to each ignition interlock
179    device upon installation. The label shall contain a warning that
180    any person tampering, circumventing, or otherwise misusing the
181    device is guilty of a violation of law and may be subject to
182    civil liability.
183          Section 3. This act shall take effect July 1, 2003.
184