| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 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.; conforming references; creating s. |
| 11 | 322.2715, F.S.; directing the Department of Highway Safety |
| 12 | and Motor Vehicles to require the placement of a certified |
| 13 | ignition interlock device for specified DUI offenses when |
| 14 | the court has failed to order such placement under |
| 15 | specified circumstances; specifying duration of placement |
| 16 | period; specifying responsibility for costs associated |
| 17 | with an ignition interlock device; requiring proof of |
| 18 | installation; providing an exception for certain medical |
| 19 | conditions; providing for determinations by the court |
| 20 | regarding ability to pay; providing for review by writ of |
| 21 | certiorari; providing application; providing an effective |
| 22 | date. |
| 23 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 26 | Section 1. Paragraph (d) of subsection (2) of section |
| 27 | 316.1937, Florida Statutes, is amended to read: |
| 28 | 316.1937 Ignition interlock devices, requiring; unlawful |
| 29 | acts.-- |
| 30 | (2) If the court imposes the use of an ignition interlock |
| 31 | device, the court shall: |
| 32 | (d) Determine the person's ability to pay for installation |
| 33 | of the device if the person claims inability to pay. If the |
| 34 | court determines that the person is unable to pay for |
| 35 | installation of the device, the court may order that any portion |
| 36 | of a fine paid by the person for a violation of s. 316.193 shall |
| 37 | be allocated to defray the costs of installation, monthly fees, |
| 38 | surcharges, insurance costs, and deposits for installing the |
| 39 | device. |
| 40 | Section 2. Paragraph (d) of subsection (2) of section |
| 41 | 322.271, Florida Statutes, is amended to read: |
| 42 | 322.271 Authority to modify revocation, cancellation, or |
| 43 | suspension order.-- |
| 44 | (2) |
| 45 | (d) The department, based upon review of the licensee's |
| 46 | application for reinstatement, may require use of an ignition |
| 47 | interlock device pursuant to s. 316.1937 or s. 322.2715. |
| 48 | Section 3. Section 322.2715, Florida Statutes, is created |
| 49 | to read: |
| 50 | 322.2715 Ignition interlock device.-- |
| 51 | (1) Before issuing a permanent or restricted license under |
| 52 | this chapter, the department, except as provided in subsection |
| 53 | (4), shall require the placement of an ignition interlock device |
| 54 | certified under s. 316.1938 for a person who has been convicted |
| 55 | of committing the offense of driving under the influence as |
| 56 | specified in subsection (5) and for whom the court: |
| 57 | (a) Has failed to order the placement of an ignition |
| 58 | interlock device when required by s. 316.193; or |
| 59 | (b) Has ordered the placement of an ignition interlock |
| 60 | device but has failed to order its use for at least the minimum |
| 61 | period of time required by subsection (2). |
| 62 | (2) If the person is convicted of: |
| 63 | (a) A first offense of driving under the influence under |
| 64 | s. 316.193 and has an unlawful blood-alcohol level or breath- |
| 65 | alcohol level as specified in s. 316.193(4), or if a person is |
| 66 | convicted of a violation of s. 316.193 and was at the time of |
| 67 | the offense accompanied in the vehicle by a person younger than |
| 68 | 18 years of age, the person shall have the ignition interlock |
| 69 | device installed for a period of 6 months for the first offense |
| 70 | and for a period of not less than 2 years for a second offense. |
| 71 | (b) A second offense of driving under the influence under |
| 72 | s. 316.193, the ignition interlock device shall be installed for |
| 73 | a period of not less than 1 year. |
| 74 | (c) A third offense of driving under the influence under |
| 75 | s. 316.193 which occurs within 10 years after a prior conviction |
| 76 | for a violation of s. 316.193, the ignition interlock device |
| 77 | shall be installed for a period of not less than 2 years. |
| 78 | (d) A third offense of driving under the influence under |
| 79 | s. 316.193 which occurs more than 10 years after the date of a |
| 80 | prior conviction for a violation of s. 316.193, the ignition |
| 81 | interlock device shall be installed for a period of not less |
| 82 | than 2 years. |
| 83 | (3) For an ignition interlock device placement required by |
| 84 | the department under subsection (1): |
| 85 | (a) The period of placement shall be for the minimum time |
| 86 | applicable under subsection (2) for the offense. |
| 87 | (b) All costs associated with the device shall be paid by |
| 88 | the convicted person. |
| 89 | (c) The device shall be placed on all vehicles that are |
| 90 | individually or jointly leased or owned and routinely operated |
| 91 | by the convicted person. |
| 92 | (d) Proof of installation shall be provided to the |
| 93 | department by the convicted person when a person qualifies for a |
| 94 | permanent or restricted license. |
| 95 | (4) The department may consider proof that a convicted |
| 96 | person who is subject to subsection (1) has a medical condition |
| 97 | that prohibits an ignition interlock device from functioning |
| 98 | normally. In such case, the department, in its discretion, may |
| 99 | issue the permanent or restricted license without requiring the |
| 100 | placement of an ignition interlock device. |
| 101 | (5) For purposes of this section, any conviction for a |
| 102 | violation of s. 316.193, a previous conviction for a violation |
| 103 | of former s. 316.1931, or a conviction outside this state for |
| 104 | driving under the influence, driving while intoxicated, driving |
| 105 | with an unlawful blood-alcohol level, or any other similar |
| 106 | alcohol-related or drug-related traffic offense is a conviction |
| 107 | of driving under the influence. |
| 108 | (6) If a person subject to subsection (1) is unable to pay |
| 109 | for the installation and related costs of the ignition interlock |
| 110 | device, the person may petition the court to determine his or |
| 111 | her ability to pay under s. 316.1937(2)(d). The department shall |
| 112 | not issue such person a permanent or restricted license until |
| 113 | the court has entered an order containing its findings regarding |
| 114 | such person's ability to pay. |
| 115 | (7) Review of an ignition interlock placement requirement |
| 116 | under subsection (1) shall be by writ of certiorari as provided |
| 117 | in s. 322.31. |
| 118 | (8) This section shall only apply to the reinstatement of |
| 119 | the driving privilege following a revocation, suspension, or |
| 120 | cancellation that is based upon a conviction for the offense of |
| 121 | driving under the influence as specified in subsection (5) that |
| 122 | was committed on or after July 1, 2005. |
| 123 | Section 4. This act shall take effect July 1, 2005. |