Senate Bill sb0530er

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


    ENROLLED

    2005 Legislature                                 CS for SB 530



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  2         An act relating to driving under the influence;

  3         amending s. 322.271, F.S.; correcting a

  4         cross-reference; creating s. 322.2715, F.S.;

  5         directing the Department of Highway Safety and

  6         Motor Vehicles to require the placement of a

  7         department-approved ignition interlock device

  8         on specified vehicles operated by any person

  9         convicted of committing certain

10         driving-under-the-influence offenses; providing

11         an exception; specifying the duration of each

12         installation period based upon the number of

13         DUI convictions; directing the department to

14         require installation of the ignition interlock

15         if the court fails to order the mandatory

16         placement of the device or fails to order

17         placement for the applicable period; providing

18         an exception; providing an effective date.

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

21  

22         Section 1.  Paragraph (d) of subsection (2) of section

23  322.271, Florida Statutes, is amended to read:

24         322.271  Authority to modify revocation, cancellation,

25  or suspension order.--

26         (2)

27         (d)  The department, based upon review of the

28  licensee's application for reinstatement, may require use of

29  an ignition interlock device pursuant to s. 322.2715 s.

30  316.1937.

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




    ENROLLED

    2005 Legislature                                 CS for SB 530



 1         Section 2.  Section 322.2715, Florida Statutes, is

 2  created to read:

 3         322.2715  Ignition interlock device.--

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

 5  license under this chapter, the department shall require the

 6  placement of a department-approved ignition interlock device

 7  for any person convicted of committing an offense of driving

 8  under the influence as specified in subsection (3), except

 9  that consideration may be given to those individuals having a

10  documented medical condition that would prohibit the device

11  from functioning normally. An interlock device shall be placed

12  on all vehicles that are individually or jointly leased or

13  owned and routinely operated by the convicted person.

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

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

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

17  driving under the influence, driving while intoxicated,

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

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

20  conviction of driving under the influence.

21         (3)  If the person is convicted of:

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

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

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

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

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

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

28  ignition interlock device installed for 6 months for the first

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

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




    ENROLLED

    2005 Legislature                                 CS for SB 530



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

 2  the ignition interlock device shall be installed for a period

 3  of not less than 1 year.

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

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

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

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

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

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

10  conviction, the ignition interlock device shall be installed

11  for a period of not less than 2 years.

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

13  placement of the ignition interlock device or fails to order

14  for the applicable period the mandatory placement of an

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

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

17  the department shall immediately require that the ignition

18  interlock device be installed as provided in this section,

19  except that consideration may be given to those individuals

20  having a documented medical condition that would prohibit the

21  device from functioning normally. This subsection applies to

22  the reinstatement of the driving privilege following a

23  revocation, suspension, or cancellation that is based upon a

24  conviction for the offense of driving under the influence

25  which occurs on or after July 1, 2005.

26         Section 3.  This act shall take effect July 1, 2005.

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