HB 261

1
A bill to be entitled
2An act relating to driving under the influence; amending
3s. 322.271, F.S.; correcting a cross-reference; creating
4s. 322.2715, F.S.; directing the Department of Highway
5Safety and Motor Vehicles to require the placement of a
6department-approved ignition interlock device on specified
7vehicles operated by any person convicted of committing
8certain driving-under-the-influence offenses; providing an
9exception; specifying the duration of each installation
10period based upon the number of DUI convictions; directing
11the department to require installation of the ignition
12interlock if the court fails to order the mandatory
13placement of the device or fails to order placement for
14the applicable period; providing an exception; providing
15an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19Section 1.  Paragraph (d) of subsection (2) of section
20322.271, Florida Statutes, is amended to read:
21     322.271  Authority to modify revocation, cancellation, or
22suspension order.--
23     (2)
24     (d)  The department, based upon review of the licensee's
25application for reinstatement, may require use of an ignition
26interlock device pursuant to s. 322.2715 s. 316.1937.
27     Section 2.  Section 322.2715, Florida Statutes, is created
28to read:
29     322.2715  Ignition interlock device.--
30     (1)  Before issuing a permanent or restricted driver's
31license under this chapter, the department shall require the
32placement of a department-approved ignition interlock device for
33any person convicted of committing an offense of driving under
34the influence as specified in subsection (3), except that
35consideration may be given to those individuals having a
36documented medical condition that would prohibit the device from
37functioning normally. An interlock device shall be placed on all
38vehicles that are individually or jointly leased or owned and
39routinely operated by the convicted person.
40     (2)  For purposes of this section, any conviction for a
41violation of s. 316.193, a previous conviction for a violation
42of former s. 316.1931, or a conviction outside this state for
43driving under the influence, driving while intoxicated, driving
44with an unlawful blood alcohol level, or any other similar
45alcohol-related or drug-related traffic offense is a conviction
46of driving under the influence.
47     (3)  If the person is convicted of:
48     (a)  A first offense of driving under the influence under
49s. 316.193 and has an unlawful blood alcohol level or breath
50alcohol level as specified in s. 316.193(4), or if a person is
51convicted of a violation of s. 316.193 and was at the time of
52the offense accompanied in the vehicle by a person younger than
5318 years of age, the person shall have the ignition interlock
54device installed for 6 months for the first offense and for at
55least 2 years for a second offense.
56     (b)  A second offense of driving under the influence, the
57ignition interlock device shall be installed for a period of not
58less than 1 year.
59     (c)  A third offense of driving under the influence which
60occurs within 10 years after a prior conviction for a violation
61of s. 316.193, the ignition interlock device shall be installed
62for a period of not less than 2 years.
63     (d)  A third offense of driving under the influence which
64occurs more than 10 years after the date of a prior conviction,
65the ignition interlock device shall be installed for a period of
66not less than 2 years.
67     (4)  If the court fails to order the mandatory placement of
68the ignition interlock device or fails to order for the
69applicable period the mandatory placement of an ignition
70interlock device under s. 316.193 or s. 316.1937 at the time of
71imposing sentence or within 30 days thereafter, the department
72shall immediately require that the ignition interlock device be
73installed as provided in this section, except that consideration
74may be given to those individuals having a documented medical
75condition that would prohibit the device from functioning
76normally. This subsection applies to the reinstatement of the
77driving privilege following a revocation, suspension, or
78cancellation that is based upon a conviction for the offense of
79driving under the influence which occurs on or after July 1,
802005.
81     Section 3.  This act shall take effect July 1, 2005.


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