| 1 | A bill to be entitled |
| 2 | An act relating to driving under the influence; amending |
| 3 | s. 316.193, F.S.; providing that ignition interlock |
| 4 | devices be required for a specified period after the first |
| 5 | conviction of certain offenses; revising provisions |
| 6 | relating to the period for which an interlock device may |
| 7 | be required for the second conviction of certain offenses; |
| 8 | providing an effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Subsection (2) and paragraph (c) of subsection |
| 13 | (4) of section 316.193, Florida Statutes, are amended to read: |
| 14 | 316.193 Driving under the influence; penalties.-- |
| 15 | (2)(a) Except as provided in paragraph (b), subsection |
| 16 | (3), or subsection (4), any person who is convicted of a |
| 17 | violation of subsection (1) shall be punished: |
| 18 | 1. By a fine of: |
| 19 | a. Not less than $250 or more than $500 for a first |
| 20 | conviction. |
| 21 | b. Not less than $500 or more than $1,000 for a second |
| 22 | conviction; and |
| 23 | 2. By imprisonment for: |
| 24 | a. Not more than 6 months for a first conviction. |
| 25 | b. Not more than 9 months for a second conviction; and. |
| 26 | 3. For a second conviction, By mandatory placement for a |
| 27 | period of at least 1 year, at the convicted person's sole |
| 28 | expense, of an ignition interlock device approved by the |
| 29 | department in accordance with s. 316.1938 upon all vehicles that |
| 30 | are individually or jointly leased or owned and routinely |
| 31 | operated by the convicted person, when the convicted person |
| 32 | qualifies for a permanent or restricted license. The |
| 33 | installation of such device may not occur before July 1, 2003. |
| 34 | (b)1. Any person who is convicted of a third violation of |
| 35 | this section for an offense that occurs within 10 years after a |
| 36 | prior conviction for a violation of this section commits a |
| 37 | felony of the third degree, punishable as provided in s. |
| 38 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
| 39 | order the mandatory placement for a period of not less than 2 |
| 40 | years, at the convicted person's sole expense, of an ignition |
| 41 | interlock device approved by the department in accordance with |
| 42 | s. 316.1938 upon all vehicles that are individually or jointly |
| 43 | leased or owned and routinely operated by the convicted person, |
| 44 | when the convicted person qualifies for a permanent or |
| 45 | restricted license. The installation of such device may not |
| 46 | occur before July 1, 2003. |
| 47 | 2. Any person who is convicted of a third violation of |
| 48 | this section for an offense that occurs more than 10 years after |
| 49 | the date of a prior conviction for a violation of this section |
| 50 | shall be punished by a fine of not less than $1,000 or more than |
| 51 | $2,500 and by imprisonment for not more than 12 months. In |
| 52 | addition, the court shall order the mandatory placement for a |
| 53 | period of at least 2 years, at the convicted person's sole |
| 54 | expense, of an ignition interlock device approved by the |
| 55 | department in accordance with s. 316.1938 upon all vehicles that |
| 56 | are individually or jointly leased or owned and routinely |
| 57 | operated by the convicted person, when the convicted person |
| 58 | qualifies for a permanent or restricted license. The |
| 59 | installation of such device may not occur before July 1, 2003. |
| 60 | 3. Any person who is convicted of a fourth or subsequent |
| 61 | violation of this section, regardless of when any prior |
| 62 | conviction for a violation of this section occurred, commits a |
| 63 | felony of the third degree, punishable as provided in s. |
| 64 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
| 65 | for such fourth or subsequent violation may be not less than |
| 66 | $1,000. |
| 67 | (4) Any person who is convicted of a violation of |
| 68 | subsection (1) and who has a blood-alcohol level or breath- |
| 69 | alcohol level of 0.20 or higher, or any person who is convicted |
| 70 | of a violation of subsection (1) and who at the time of the |
| 71 | offense was accompanied in the vehicle by a person under the age |
| 72 | of 18 years, shall be punished: |
| 73 | (c) In addition to the penalties in paragraphs (a) and |
| 74 | (b), the court shall order the mandatory placement, at the |
| 75 | convicted person's sole expense, of an ignition interlock device |
| 76 | approved by the department in accordance with s. 316.1938 upon |
| 77 | all vehicles that are individually or jointly leased or owned |
| 78 | and routinely operated by the convicted person for up to 6 |
| 79 | months for the first offense and for at least 2 years for a |
| 80 | second offense, when the convicted person qualifies for a |
| 81 | permanent or restricted license. The installation of such device |
| 82 | may not occur before July 1, 2003. |
| 83 | Section 2. This act shall take effect July 1, 2007. |