| 1 | Representative(s) Harrell offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Paragraph (d) of subsection (2) of section |
| 6 | 322.271, Florida Statutes, is amended to read: |
| 7 | 322.271 Authority to modify revocation, cancellation, or |
| 8 | suspension order.-- |
| 9 | (2) |
| 10 | (d) The department, based upon review of the licensee's |
| 11 | application for reinstatement, may require use of an ignition |
| 12 | interlock device pursuant to s. 322.2715 s. 316.1937. |
| 13 | Section 2. Section 322.2715, Florida Statutes, is created |
| 14 | to read: |
| 15 | 322.2715 Ignition interlock device.-- |
| 16 | (1) Before issuing a permanent or restricted driver's |
| 17 | license under this chapter, the department shall require the |
| 18 | placement of a department-approved ignition interlock device for |
| 19 | any person convicted of committing an offense of driving under |
| 20 | the influence as specified in subsection (3), except that |
| 21 | consideration may be given to those individuals having a |
| 22 | documented medical condition that would prohibit the device from |
| 23 | functioning normally. An interlock device shall be placed on all |
| 24 | vehicles that are individually or jointly leased or owned and |
| 25 | routinely operated by the convicted person. |
| 26 | (2) For purposes of this section, any conviction for a |
| 27 | violation of s. 316.193, a previous conviction for a violation |
| 28 | of former s. 316.1931, or a conviction outside this state for |
| 29 | driving under the influence, driving while intoxicated, driving |
| 30 | with an unlawful blood alcohol level, or any other similar |
| 31 | alcohol-related or drug-related traffic offense is a conviction |
| 32 | of driving under the influence. |
| 33 | (3) If the person is convicted of: |
| 34 | (a) A first offense of driving under the influence under |
| 35 | s. 316.193 and has an unlawful blood alcohol level or breath |
| 36 | alcohol level as specified in s. 316.193(4), or if a person is |
| 37 | convicted of a violation of s. 316.193 and was at the time of |
| 38 | the offense accompanied in the vehicle by a person younger than |
| 39 | 18 years of age, the person shall have the ignition interlock |
| 40 | device installed for 6 months for the first offense and for at |
| 41 | least 2 years for a second offense. |
| 42 | (b) A second offense of driving under the influence, the |
| 43 | ignition interlock device shall be installed for a period of not |
| 44 | less than 1 year. |
| 45 | (c) A third offense of driving under the influence which |
| 46 | occurs within 10 years after a prior conviction for a violation |
| 47 | of s. 316.193, the ignition interlock device shall be installed |
| 48 | for a period of not less than 2 years. |
| 49 | (d) A third offense of driving under the influence which |
| 50 | occurs more than 10 years after the date of a prior conviction, |
| 51 | the ignition interlock device shall be installed for a period of |
| 52 | not less than 2 years. |
| 53 | (4) If the court fails to order the mandatory placement of |
| 54 | the ignition interlock device or fails to order for the |
| 55 | applicable period the mandatory placement of an ignition |
| 56 | interlock device under s. 316.193 or s. 316.1937 at the time of |
| 57 | imposing sentence or within 30 days thereafter, the department |
| 58 | shall immediately require that the ignition interlock device be |
| 59 | installed as provided in this section, except that consideration |
| 60 | may be given to those individuals having a documented medical |
| 61 | condition that would prohibit the device from functioning |
| 62 | normally. This subsection applies to the reinstatement of the |
| 63 | driving privilege following a revocation, suspension, or |
| 64 | cancellation that is based upon a conviction for the offense of |
| 65 | driving under the influence which occurs on or after July 1, |
| 66 | 2005. |
| 67 | Section 3. This act shall take effect July 1, 2005. |
| 68 |
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| 69 |
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| 70 | ================= T I T L E A M E N D M E N T ================= |
| 71 | Remove the entire title and insert: |
| 72 | A bill to be entitled |
| 73 | An act relating to driving under the influence; amending |
| 74 | s. 322.271, F.S.; correcting a cross-reference; creating |
| 75 | s. 322.2715, F.S.; directing the Department of Highway |
| 76 | Safety and Motor Vehicles to require the placement of a |
| 77 | department-approved ignition interlock device on specified |
| 78 | vehicles operated by any person convicted of committing |
| 79 | certain driving-under-the-influence offenses; providing an |
| 80 | exception; specifying the duration of each installation |
| 81 | period based upon the number of DUI convictions; directing |
| 82 | the department to require installation of the ignition |
| 83 | interlock if the court fails to order the mandatory |
| 84 | placement of the device or fails to order placement for |
| 85 | the applicable period; providing an exception; providing |
| 86 | an effective date. |