1 | The Transportation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to driving under the influence; amending |
7 | s. 316.1937, F.S.; authorizing the court to order a |
8 | portion of a DUI fine to be used to pay certain costs |
9 | related to ignition interlock devices; amending s. |
10 | 322.271, F.S.; correcting a cross reference; creating s. |
11 | 322.2715, F.S.; directing the Department of Highway Safety |
12 | and Motor Vehicles to require the placement of a |
13 | department-approved ignition interlock device on specified |
14 | vehicles operated by a person convicted of committing |
15 | certain DUI offenses; providing for an exception for |
16 | certain medical conditions; specifying the duration of the |
17 | installation period; directing the department to require |
18 | installation of the ignition interlock device when the |
19 | court fails to order the mandatory placement of the device |
20 | or fails to order placement for the applicable period upon |
21 | a conviction for a DUI offense; providing for an exception |
22 | for certain medical conditions; providing an effective |
23 | date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Paragraph (d) of subsection (2) of section |
28 | 316.1937, Florida Statutes, is amended to read: |
29 | 316.1937 Ignition interlock devices, requiring; unlawful |
30 | acts.-- |
31 | (2) If the court imposes the use of an ignition interlock |
32 | device, the court shall: |
33 | (d) Determine the person's ability to pay for installation |
34 | of the device if the person claims inability to pay. If the |
35 | court determines that the person is unable to pay for |
36 | installation of the device, the court may order that any portion |
37 | of a fine paid by the person for a violation of s. 316.193 shall |
38 | be allocated to defray the costs of installing the device and to |
39 | pay the monthly fees, surcharges, insurance costs, and deposit |
40 | costs. |
41 | Section 2. Paragraph (d) of subsection (2) of section |
42 | 322.271, Florida Statutes, is amended to read: |
43 | 322.271 Authority to modify revocation, cancellation, or |
44 | suspension order.-- |
45 | (2) |
46 | (d) The department, based upon review of the licensee's |
47 | application for reinstatement, may require use of an ignition |
48 | interlock device pursuant to s. 322.2715 316.1937. |
49 | Section 3. Section 322.2715, Florida Statutes, is created |
50 | to read: |
51 | 322.2715 Ignition interlock device.-- |
52 | (1) Before issuing a permanent or restricted driver's |
53 | license under this chapter, the department shall require the |
54 | placement of a department-approved ignition interlock device for |
55 | any person convicted of committing an offense of driving under |
56 | the influence as specified in subsection (3), except that |
57 | consideration may be given to those individuals with a |
58 | documented medical condition that would prohibit the device from |
59 | functioning normally. An ignition interlock device shall be |
60 | placed on all vehicles that are individually or jointly leased |
61 | or owned and routinely operated by the convicted person. |
62 | (2) For purposes of this section, any conviction for a |
63 | violation of s. 316.193, a previous conviction for a violation |
64 | of former s. 316.1931, or a conviction outside this state for |
65 | driving under the influence, driving while intoxicated, driving |
66 | with an unlawful blood-alcohol level, or any other similar |
67 | alcohol-related or drug-related traffic offense is a conviction |
68 | of driving under the influence. |
69 | (3) If the person is convicted of: |
70 | (a) A first offense of driving under the influence under |
71 | s. 316.193 and has an unlawful blood-alcohol level or breath- |
72 | alcohol level as specified in s. 316.193(4) or, if the person is |
73 | convicted of a violation of s. 316.193 and was at the time of |
74 | the offense accompanied in the vehicle by a person younger than |
75 | 18 years of age, the person shall have the ignition interlock |
76 | device installed for a period of 6 months for the first offense |
77 | and for a period of not less than 2 years for a second offense. |
78 | (b) A second offense of driving under the influence, the |
79 | ignition interlock device shall be installed for a period of not |
80 | less than 1 year. |
81 | (c) A third offense of driving under the influence which |
82 | occurs within 10 years after a prior conviction for a violation |
83 | of s. 316.193, the ignition interlock device shall be installed |
84 | for a period of not less than 2 years. |
85 | (d) A third offense of driving under the influence which |
86 | occurs more than 10 years after the date of a prior conviction, |
87 | the ignition interlock device shall be installed for a period of |
88 | not less than 2 years. |
89 | (4) If the court fails to order the mandatory placement of |
90 | the ignition interlock device or fails to order for the |
91 | applicable period the mandatory placement of an ignition |
92 | interlock device under s. 316.193 or s. 316.1937 at the time of |
93 | imposing sentence or within 30 days thereafter, the department |
94 | shall immediately require that the ignition interlock device be |
95 | installed as provided in this section, except that consideration |
96 | may be given to those individuals with a documented medical |
97 | condition that would prohibit the device from functioning |
98 | normally. This subsection applies to the reinstatement of the |
99 | driving privilege following a revocation, suspension, or |
100 | cancellation that is based upon a conviction for the offense of |
101 | driving under the influence which occurs on or after July 1, |
102 | 2005. |
103 | Section 4. This act shall take effect July 1, 2005. |