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 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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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, for: |
33 | a. At least 6 months for a first conviction when the |
34 | convicted person has been referred to a substance abuse |
35 | treatment provider, as provided in subsection (5). |
36 | b. At least 1 year for a second conviction. The |
37 | installation of such device may not occur before July 1, 2003. |
38 | (b)1. Any person who is convicted of a third violation of |
39 | this section for an offense that occurs within 10 years after a |
40 | prior conviction for a violation of this section commits a |
41 | felony of the third degree, punishable as provided in s. |
42 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
43 | order the mandatory placement for a period of not less than 2 |
44 | years, at the convicted person's sole expense, of an ignition |
45 | interlock device approved by the department in accordance with |
46 | s. 316.1938 upon all vehicles that are individually or jointly |
47 | leased or owned and routinely operated by the convicted person, |
48 | when the convicted person qualifies for a permanent or |
49 | restricted license. The installation of such device may not |
50 | occur before July 1, 2003. |
51 | 2. Any person who is convicted of a third violation of |
52 | this section for an offense that occurs more than 10 years after |
53 | the date of a prior conviction for a violation of this section |
54 | shall be punished by a fine of not less than $1,000 or more than |
55 | $2,500 and by imprisonment for not more than 12 months. In |
56 | addition, the court shall order the mandatory placement for a |
57 | period of at least 2 years, at the convicted person's sole |
58 | expense, of an ignition interlock device approved by the |
59 | department in accordance with s. 316.1938 upon all vehicles that |
60 | are individually or jointly leased or owned and routinely |
61 | operated by the convicted person, when the convicted person |
62 | qualifies for a permanent or restricted license. The |
63 | installation of such device may not occur before July 1, 2003. |
64 | 3. Any person who is convicted of a fourth or subsequent |
65 | violation of this section, regardless of when any prior |
66 | conviction for a violation of this section occurred, commits a |
67 | felony of the third degree, punishable as provided in s. |
68 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
69 | for such fourth or subsequent violation may be not less than |
70 | $1,000. |
71 | (4) Any person who is convicted of a violation of |
72 | subsection (1) and who has a blood-alcohol level or breath- |
73 | alcohol level of 0.20 or higher, or any person who is convicted |
74 | of a violation of subsection (1) and who at the time of the |
75 | offense was accompanied in the vehicle by a person under the age |
76 | of 18 years, shall be punished: |
77 | (c) In addition to the penalties in paragraphs (a) and |
78 | (b), the court shall order the mandatory placement, at the |
79 | convicted person's sole expense, of an ignition interlock device |
80 | approved by the department in accordance with s. 316.1938 upon |
81 | all vehicles that are individually or jointly leased or owned |
82 | and routinely operated by the convicted person for up to 1 year |
83 | 6 months for the first offense and for at least 2 years for a |
84 | second offense, when the convicted person qualifies for a |
85 | permanent or restricted license. The installation of such device |
86 | may not occur before July 1, 2003. |
87 | Section 2. This act shall take effect July 1, 2007. |