CS/HB 681

1
A bill to be entitled
2An act relating to driving under the influence; amending
3s. 316.193, F.S.; providing that ignition interlock
4devices be required for a specified period after the first
5conviction of certain offenses; revising provisions
6relating to the period for which an interlock device may
7be required for the second conviction of certain offenses;
8providing an effective date.
9
10Be 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
17violation 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
20conviction.
21     b.  Not less than $500 or more than $1,000 for a second
22conviction; 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
27period of at least 1 year, at the convicted person's sole
28expense, of an ignition interlock device approved by the
29department in accordance with s. 316.1938 upon all vehicles that
30are individually or jointly leased or owned and routinely
31operated by the convicted person, when the convicted person
32qualifies for a permanent or restricted license, for:
33     a.  At least 6 months for a first conviction when the
34convicted person has been referred to a substance abuse
35treatment provider, as provided in subsection (5).
36     b.  At least 1 year for a second conviction. The
37installation of such device may not occur before July 1, 2003.
38     (b)1.  Any person who is convicted of a third violation of
39this section for an offense that occurs within 10 years after a
40prior conviction for a violation of this section commits a
41felony of the third degree, punishable as provided in s.
42775.082, s. 775.083, or s. 775.084. In addition, the court shall
43order the mandatory placement for a period of not less than 2
44years, at the convicted person's sole expense, of an ignition
45interlock device approved by the department in accordance with
46s. 316.1938 upon all vehicles that are individually or jointly
47leased or owned and routinely operated by the convicted person,
48when the convicted person qualifies for a permanent or
49restricted license. The installation of such device may not
50occur before July 1, 2003.
51     2.  Any person who is convicted of a third violation of
52this section for an offense that occurs more than 10 years after
53the date of a prior conviction for a violation of this section
54shall 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
56addition, the court shall order the mandatory placement for a
57period of at least 2 years, at the convicted person's sole
58expense, of an ignition interlock device approved by the
59department in accordance with s. 316.1938 upon all vehicles that
60are individually or jointly leased or owned and routinely
61operated by the convicted person, when the convicted person
62qualifies for a permanent or restricted license. The
63installation of such device may not occur before July 1, 2003.
64     3.  Any person who is convicted of a fourth or subsequent
65violation of this section, regardless of when any prior
66conviction for a violation of this section occurred, commits a
67felony of the third degree, punishable as provided in s.
68775.082, s. 775.083, or s. 775.084. However, the fine imposed
69for such fourth or subsequent violation may be not less than
70$1,000.
71     (4)  Any person who is convicted of a violation of
72subsection (1) and who has a blood-alcohol level or breath-
73alcohol level of 0.20 or higher, or any person who is convicted
74of a violation of subsection (1) and who at the time of the
75offense was accompanied in the vehicle by a person under the age
76of 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
79convicted person's sole expense, of an ignition interlock device
80approved by the department in accordance with s. 316.1938 upon
81all vehicles that are individually or jointly leased or owned
82and routinely operated by the convicted person for up to 1 year
836 months for the first offense and for at least 2 years for a
84second offense, when the convicted person qualifies for a
85permanent or restricted license. The installation of such device
86may not occur before July 1, 2003.
87     Section 2.  This act shall take effect July 1, 2007.


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