Senate Bill sb0530

    Florida Senate - 2005                                   SB 530

    By Senator Wise





    5-496-05

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         creating s. 322.2715, F.S.; directing the

  4         Department of Highway Safety and Motor Vehicles

  5         to require the placement of a

  6         department-approved ignition interlock device

  7         on specified vehicles operated by any person

  8         convicted of committing certain

  9         driving-under-the-influence offenses;

10         specifying the duration of each installation

11         period based upon the number of DUI

12         convictions; directing the department to

13         require installation of the ignition interlock

14         if the court fails to order the mandatory

15         placement of the device or fails to order

16         placement for the applicable period; providing

17         an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 322.2715, Florida Statutes, is

22  created to read:

23         322.2715  Ignition interlock device.--

24         (1)  Before issuing a permanent or restricted driver's

25  license under this chapter, the department shall require the

26  placement of a department-approved ignition interlock device

27  for any person convicted of committing an offense of driving

28  under the influence as specified in subsection (3). An

29  interlock device shall be placed on all vehicles that are

30  individually or jointly leased or owned and routinely operated

31  by the convicted person.

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






    Florida Senate - 2005                                   SB 530
    5-496-05




 1         (2)  For purposes of this section, any conviction for a

 2  violation of s. 316.193, a previous conviction for a violation

 3  of former s. 316.1931, or a conviction outside this state for

 4  driving under the influence, driving while intoxicated,

 5  driving with an unlawful blood alcohol level, or any other

 6  similar alcohol-related or drug-related traffic offense is a

 7  conviction of driving under the influence.

 8         (3)  If the person is convicted of:

 9         (a)  A first offense of driving under the influence

10  under s. 316.193 and has an unlawful blood alcohol level or

11  breath alcohol level as specified in s. 316.193(4), or if a

12  person is convicted of a violation of s. 316.193 and was at

13  the time of the offense accompanied in the vehicle by a person

14  younger than 18 years of age, the person shall have the

15  ignition interlock device installed for 6 months for the first

16  offense and for at least 2 years for a second offense.

17         (b)  A second offense of driving under the influence,

18  the ignition interlock device shall be installed for a period

19  of not less than 1 year.

20         (c)  A third offense of driving under the influence

21  which occurs within 10 years after a prior conviction for a

22  violation of s. 316.193, the ignition interlock device shall

23  be installed for a period of not less than 2 years.

24         (d)  A third offense of driving under the influence

25  which occurs more than 10 years after the date of a prior

26  conviction, the ignition interlock device shall be installed

27  for a period of not less than 2 years.

28         (4)  If the court fails to order the mandatory

29  placement of the ignition interlock device or fails to order

30  for the applicable period the mandatory placement of an

31  ignition interlock device under s. 316.193 or s. 316.1937 at

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    Florida Senate - 2005                                   SB 530
    5-496-05




 1  the time of imposing sentence or within 30 days thereafter,

 2  the department shall immediately require that the ignition

 3  interlock device be installed as provided in this section.

 4  This subsection applies to the reinstatement of the driving

 5  privilege following a revocation, suspension, or cancellation

 6  that is based upon an offense of driving under the influence

 7  which occurs on or after July 1, 2005.

 8         Section 2.  This act shall take effect July 1, 2005.

 9  

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11                          SENATE SUMMARY

12    Directs the Department of Highway Safety and Motor
      Vehicles to require placement of a department-approved
13    ignition interlock device on specified vehicles operated
      by any person convicted of committing certain
14    driving-under-the-influence offenses. Specifies the
      duration of each installation period based upon the
15    number of DUI convictions. Directs the department to
      require installation of the ignition interlock if the
16    court fails to order the mandatory placement of the
      device or fails to order placement for the applicable
17    period.

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