| 1 | A bill to be entitled | 
| 2 | An act relating to driving under the influence; creating | 
| 3 | s. 322.2715, F.S.; directing the Department of Highway | 
| 4 | Safety and Motor Vehicles to require the placement of a | 
| 5 | department-approved ignition interlock device on specified | 
| 6 | vehicles operated by any person convicted of committing | 
| 7 | certain driving-under-the-influence offenses; specifying | 
| 8 | the duration of each installation period based upon the | 
| 9 | number of DUI convictions; directing the department to | 
| 10 | require installation of the ignition interlock if the | 
| 11 | court fails to order the mandatory placement of the device | 
| 12 | or fails to order placement for the applicable period; | 
| 13 | providing an effective date. | 
| 14 | 
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| 15 | Be It Enacted by the Legislature of the State of Florida: | 
| 16 | 
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| 17 | Section 1.  Section 322.2715, Florida Statutes, is created | 
| 18 | to read: | 
| 19 | 322.2715  Ignition interlock device.-- | 
| 20 | (1)  Before issuing a permanent or restricted driver's | 
| 21 | license under this chapter, the department shall require the | 
| 22 | placement of a department-approved ignition interlock device for | 
| 23 | any person convicted of committing an offense of driving under | 
| 24 | the influence as specified in subsection (3). An interlock | 
| 25 | device shall be placed on all vehicles that are individually or | 
| 26 | jointly leased or owned and routinely operated by the convicted | 
| 27 | person. | 
| 28 | (2)  For purposes of this section, any conviction for a | 
| 29 | violation of s. 316.193, a previous conviction for a violation | 
| 30 | of former s. 316.1931, or a conviction outside this state for | 
| 31 | driving under the influence, driving while intoxicated, driving | 
| 32 | with an unlawful blood alcohol level, or any other similar | 
| 33 | alcohol-related or drug-related traffic offense is a conviction | 
| 34 | of driving under the influence. | 
| 35 | (3)  If the person is convicted of: | 
| 36 | (a)  A first offense of driving under the influence under | 
| 37 | s. 316.193 and has an unlawful blood alcohol level or breath | 
| 38 | alcohol level as specified in s. 316.193(4), or if a person is | 
| 39 | convicted of a violation of s. 316.193 and was at the time of | 
| 40 | the offense accompanied in the vehicle by a person younger than | 
| 41 | 18 years of age, the person shall have the ignition interlock | 
| 42 | device installed for 6 months for the first offense and for at | 
| 43 | least 2 years for a second offense. | 
| 44 | (b)  A second offense of driving under the influence, the | 
| 45 | ignition interlock device shall be installed for a period of not | 
| 46 | less than 1 year. | 
| 47 | (c)  A third offense of driving under the influence which | 
| 48 | occurs within 10 years after a prior conviction for a violation | 
| 49 | of s. 316.193, the ignition interlock device shall be installed | 
| 50 | for a period of not less than 2 years. | 
| 51 | (d)  A third offense of driving under the influence which | 
| 52 | occurs more than 10 years after the date of a prior conviction, | 
| 53 | the ignition interlock device shall be installed for a period of | 
| 54 | not less than 2 years. | 
| 55 | (4)  If the court fails to order the mandatory placement of | 
| 56 | the ignition interlock device or fails to order for the | 
| 57 | applicable period the mandatory placement of an ignition | 
| 58 | interlock device under s. 316.193 or s. 316.1937 at the time of | 
| 59 | imposing sentence or within 30 days thereafter, the department | 
| 60 | shall immediately require that the ignition interlock device be | 
| 61 | installed as provided in this section. This subsection applies | 
| 62 | to the reinstatement of the driving privilege following a | 
| 63 | revocation, suspension, or cancellation that is based upon an | 
| 64 | offense of driving under the influence which occurs on or after | 
| 65 | July 1, 2005. | 
| 66 | Section 2.  This act shall take effect July 1, 2005. |