HB 0261

1
A bill to be entitled
2An act relating to driving under the influence; creating
3s. 322.2715, F.S.; directing the Department of Highway
4Safety and Motor Vehicles to require the placement of a
5department-approved ignition interlock device on specified
6vehicles operated by any person convicted of committing
7certain driving-under-the-influence offenses; specifying
8the duration of each installation period based upon the
9number of DUI convictions; directing the department to
10require installation of the ignition interlock if the
11court fails to order the mandatory placement of the device
12or fails to order placement for the applicable period;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 322.2715, Florida Statutes, is created
18to read:
19     322.2715  Ignition interlock device.--
20     (1)  Before issuing a permanent or restricted driver's
21license under this chapter, the department shall require the
22placement of a department-approved ignition interlock device for
23any person convicted of committing an offense of driving under
24the influence as specified in subsection (3). An interlock
25device shall be placed on all vehicles that are individually or
26jointly leased or owned and routinely operated by the convicted
27person.
28     (2)  For purposes of this section, any conviction for a
29violation of s. 316.193, a previous conviction for a violation
30of former s. 316.1931, or a conviction outside this state for
31driving under the influence, driving while intoxicated, driving
32with an unlawful blood alcohol level, or any other similar
33alcohol-related or drug-related traffic offense is a conviction
34of driving under the influence.
35     (3)  If the person is convicted of:
36     (a)  A first offense of driving under the influence under
37s. 316.193 and has an unlawful blood alcohol level or breath
38alcohol level as specified in s. 316.193(4), or if a person is
39convicted of a violation of s. 316.193 and was at the time of
40the offense accompanied in the vehicle by a person younger than
4118 years of age, the person shall have the ignition interlock
42device installed for 6 months for the first offense and for at
43least 2 years for a second offense.
44     (b)  A second offense of driving under the influence, the
45ignition interlock device shall be installed for a period of not
46less than 1 year.
47     (c)  A third offense of driving under the influence which
48occurs within 10 years after a prior conviction for a violation
49of s. 316.193, the ignition interlock device shall be installed
50for a period of not less than 2 years.
51     (d)  A third offense of driving under the influence which
52occurs more than 10 years after the date of a prior conviction,
53the ignition interlock device shall be installed for a period of
54not less than 2 years.
55     (4)  If the court fails to order the mandatory placement of
56the ignition interlock device or fails to order for the
57applicable period the mandatory placement of an ignition
58interlock device under s. 316.193 or s. 316.1937 at the time of
59imposing sentence or within 30 days thereafter, the department
60shall immediately require that the ignition interlock device be
61installed as provided in this section. This subsection applies
62to the reinstatement of the driving privilege following a
63revocation, suspension, or cancellation that is based upon an
64offense of driving under the influence which occurs on or after
65July 1, 2005.
66     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.