HB 0261CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to driving under the influence; amending
7s. 316.1937, F.S.; authorizing the court to order a
8portion of a DUI fine to be used to pay certain costs
9related to ignition interlock devices; amending s.
10322.271, F.S.; correcting a cross reference; creating s.
11322.2715, F.S.; directing the Department of Highway Safety
12and Motor Vehicles to require the placement of a
13department-approved ignition interlock device on specified
14vehicles operated by a person convicted of committing
15certain DUI offenses; providing for an exception for
16certain medical conditions; specifying the duration of the
17installation period; directing the department to require
18installation of the ignition interlock device when the
19court fails to order the mandatory placement of the device
20or fails to order placement for the applicable period upon
21a conviction for a DUI offense; providing for an exception
22for certain medical conditions; providing an effective
23date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Paragraph (d) of subsection (2) of section
28316.1937, Florida Statutes, is amended to read:
29     316.1937  Ignition interlock devices, requiring; unlawful
30acts.--
31     (2)  If the court imposes the use of an ignition interlock
32device, the court shall:
33     (d)  Determine the person's ability to pay for installation
34of the device if the person claims inability to pay. If the
35court determines that the person is unable to pay for
36installation of the device, the court may order that any portion
37of a fine paid by the person for a violation of s. 316.193 shall
38be allocated to defray the costs of installing the device and to
39pay the monthly fees, surcharges, insurance costs, and deposit
40costs.
41     Section 2.  Paragraph (d) of subsection (2) of section
42322.271, Florida Statutes, is amended to read:
43     322.271  Authority to modify revocation, cancellation, or
44suspension order.--
45     (2)
46     (d)  The department, based upon review of the licensee's
47application for reinstatement, may require use of an ignition
48interlock device pursuant to s. 322.2715 316.1937.
49     Section 3.  Section 322.2715, Florida Statutes, is created
50to read:
51     322.2715  Ignition interlock device.--
52     (1)  Before issuing a permanent or restricted driver's
53license under this chapter, the department shall require the
54placement of a department-approved ignition interlock device for
55any person convicted of committing an offense of driving under
56the influence as specified in subsection (3), except that
57consideration may be given to those individuals with a
58documented medical condition that would prohibit the device from
59functioning normally. An ignition interlock device shall be
60placed on all vehicles that are individually or jointly leased
61or owned and routinely operated by the convicted person.
62     (2)  For purposes of this section, any conviction for a
63violation of s. 316.193, a previous conviction for a violation
64of former s. 316.1931, or a conviction outside this state for
65driving under the influence, driving while intoxicated, driving
66with an unlawful blood-alcohol level, or any other similar
67alcohol-related or drug-related traffic offense is a conviction
68of driving under the influence.
69     (3)  If the person is convicted of:
70     (a)  A first offense of driving under the influence under
71s. 316.193 and has an unlawful blood-alcohol level or breath-
72alcohol level as specified in s. 316.193(4) or, if the person is
73convicted of a violation of s. 316.193 and was at the time of
74the offense accompanied in the vehicle by a person younger than
7518 years of age, the person shall have the ignition interlock
76device installed for a period of 6 months for the first offense
77and for a period of not less than 2 years for a second offense.
78     (b)  A second offense of driving under the influence, the
79ignition interlock device shall be installed for a period of not
80less than 1 year.
81     (c)  A third offense of driving under the influence which
82occurs within 10 years after a prior conviction for a violation
83of s. 316.193, the ignition interlock device shall be installed
84for a period of not less than 2 years.
85     (d)  A third offense of driving under the influence which
86occurs more than 10 years after the date of a prior conviction,
87the ignition interlock device shall be installed for a period of
88not less than 2 years.
89     (4)  If the court fails to order the mandatory placement of
90the ignition interlock device or fails to order for the
91applicable period the mandatory placement of an ignition
92interlock device under s. 316.193 or s. 316.1937 at the time of
93imposing sentence or within 30 days thereafter, the department
94shall immediately require that the ignition interlock device be
95installed as provided in this section, except that consideration
96may be given to those individuals with a documented medical
97condition that would prohibit the device from functioning
98normally. This subsection applies to the reinstatement of the
99driving privilege following a revocation, suspension, or
100cancellation that is based upon a conviction for the offense of
101driving under the influence which occurs on or after July 1,
1022005.
103     Section 4.  This act shall take effect July 1, 2005.


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