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A bill to be entitled

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An act relating to driving privileges for persons

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convicted of driving under the influence; amending s.

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316.193, F.S.; requiring that a court order the mandatory

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placement for a specified period, at the convicted

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person's sole expense, of an ignition interlock device

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approved by the Department of Highway Safety and Motor

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Vehicles upon all vehicles that are individually or

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jointly leased or owned and routinely operated by any

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person convicted for a fourth or subsequent offense of

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driving under the influence if the convicted person

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obtains a restricted license or permit, regardless of

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whether the conviction was for a misdemeanor or felony;

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amending s. 322.28, F.S.; providing that a driver's

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license or driving privilege may be granted under certain

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circumstances to a person convicted a fourth time for

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driving under the influence or a conviction for DUI

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manslaughter; amending s. 322.271, F.S.; providing

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conditions under which a person convicted of a second DUI

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within 5 years after the date of a prior conviction may

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petition the department for reinstatement of his or her

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driving privilege on a restricted basis; providing

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conditions under which a person convicted of a third DUI

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within 10 years after the date of a prior conviction may

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petition the department for reinstatement of his or her

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driving privilege on a restricted basis; providing

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conditions under which a person convicted of a fourth or

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subsequent DUI may petition the department for

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reinstatement of his or her driving privilege on a

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restricted basis; requiring that the department impose

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certain requirements upon such persons; providing for the

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cancellation of such person's driving privilege upon his

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or her failure to adhere to such requirements; requiring

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that a person convicted of DUI manslaughter seeking

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reinstatement of his or her driving privilege demonstrate

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to a court within a specified period after the filing of

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his or her petition for reinstatement that he or she has

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abstained from consuming alcohol for 5 years as

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demonstrated by a specified period of continuous alcohol

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monitoring as reported to the licensed DUI program

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supervising the petitioner; defining the term "continuous

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alcohol monitoring"; amending s. 322.2715, F.S.; requiring

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that an ignition interlock device be installed for a

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specified period on any vehicle that is individually or

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jointly leased or owned and routinely operated by an

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individual convicted of a fourth or subsequent offense of

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driving under the influence; amending s. 322.16, F.S.;

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correcting cross-references to conform to changes made by

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the act; providing that any person operating a motor

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vehicle in violation of an ignition interlock restriction

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commits an offense of the same degree and punishable in

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the same manner as provided by state law regarding driving

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or being in actual physical control of a vehicle while his

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or her license is suspended or revoked; providing an

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effective date.

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

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     Section 1.  Paragraph (b) of subsection (2) of section

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316.193, Florida Statutes, is amended to read:

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     316.193  Driving under the influence; penalties.--

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     (2)

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     (b)1.  Any person who is convicted of a third violation of

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this section for an offense that occurs within 10 years after a

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prior conviction for a violation of this section commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084. In addition, the court shall order the

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mandatory placement for a period of not less than 2 years, at the

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convicted person's sole expense, of an ignition interlock device

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approved by the department in accordance with s. 316.1938 upon

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all vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person, when the convicted

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person qualifies for a permanent or restricted license. The

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installation of such device may not occur before July 1, 2003.

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     2.  Any person who is convicted of a third violation of this

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section for an offense that occurs more than 10 years after the

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date of a prior conviction for a violation of this section shall

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be punished by a fine of not less than $1,000 or more than $2,500

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and by imprisonment for not more than 12 months. In addition, the

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court shall order the mandatory placement for a period of at

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least 2 years, at the convicted person's sole expense, of an

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ignition interlock device approved by the department in

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accordance with s. 316.1938 upon all vehicles that are

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individually or jointly leased or owned and routinely operated by

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the convicted person, when the convicted person qualifies for a

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permanent or restricted license. The installation of such device

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may not occur before July 1, 2003.

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     3.  Any person who is convicted of a fourth or subsequent

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violation of this section, regardless of when any prior

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conviction for a violation of this section occurred, commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084. However, the fine imposed for such

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fourth or subsequent violation may be not less than $1,000.

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     4. The court shall order the mandatory placement for a

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period of at least 10 years, at the convicted person's sole

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expense, of an ignition interlock device approved by the

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department in accordance with s. 316.1938 upon all vehicles that

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are individually or jointly leased or owned and routinely

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operated by any person convicted for a fourth or subsequent

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offense if the convicted person obtains a restricted license or

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permit regardless of whether the conviction was for a misdemeanor

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or felony offense.

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     Section 2.  Paragraph (e) of subsection (2) of section

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322.28, Florida Statutes, is amended to read:

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     322.28  Period of suspension or revocation.--

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     (2)  In a prosecution for a violation of s. 316.193 or

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former s. 316.1931, the following provisions apply:

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     (e)  The court shall permanently revoke the driver's license

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or driving privilege of a person who has been convicted four

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times for violation of s. 316.193 or former s. 316.1931 or a

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combination of such sections. The court shall permanently revoke

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the driver's license or driving privilege of any person who has

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been convicted of DUI manslaughter in violation of s. 316.193. If

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the court has not permanently revoked such driver's license or

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driving privilege within 30 days after imposing sentence, the

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department shall permanently revoke the driver's license or

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driving privilege pursuant to this paragraph. No driver's license

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or driving privilege may be issued or granted to any such person

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except as described in s. 322.271. This paragraph applies only if

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at least one of the convictions for violation of s. 316.193 or

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former s. 316.1931 was for a violation that occurred after July

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1, 1982. For the purposes of this paragraph, a conviction for

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violation of former s. 316.028, former s. 316.1931, or former s.

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860.01 is also considered a conviction for violation of s.

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316.193. Also, a conviction of driving under the influence,

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driving while intoxicated, driving with an unlawful blood-alcohol

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level, or any other similar alcohol-related or drug-related

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traffic offense outside this state is considered a conviction for

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the purposes of this paragraph.

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     Section 3.  Paragraph (b) of subsection (2) and paragraph

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(a) of subsection (4) of section 322.271, Florida Statutes, are

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amended to read:

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     322.271  Authority to modify revocation, cancellation, or

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suspension order.--

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     (2)

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     (b) A person whose license has been revoked for a period of

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5 years or less pursuant to s. 322.28(2)(a) or s. 322.28(2)(e):

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may, upon the expiration of 12 months after the date said

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revocation was imposed, petition the department for reinstatement

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of his or her driving privilege on a restricted basis. A person

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whose license has been revoked for a period of more than 5 years

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under s. 322.28(2)(a) may, upon the expiration of 24 months after

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the date the revocation was imposed, petition the department for

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reinstatement of his or her driving privilege on a restricted

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basis.

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     1. For a second conviction for an offense occurring within

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a period of 5 years after the date of a prior conviction for a

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violation of the provisions of s. 316.193, former s. 316.1931, or

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a combination of those sections, may, upon the expiration of 12

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months after the date on which the revocation was imposed,

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petition the department for reinstatement of his or her driving

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privilege on a restricted basis. Reinstatement of the driving

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privilege pursuant to this subparagraph shall be restricted to

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business or employment purposes only. The department shall

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require the person to remain abstinent from alcohol or other

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drugs through the petition and approval process as demonstrated

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by continuous alcohol monitoring for a period of not less than 90

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days as reported to the DUI program licensed by the department

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through which the petitioner applied for supervision services. In

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addition, the department shall require that the person refrain

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from driving and abstain from the use of alcohol or other drugs

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during the 12 months immediately preceding reinstatement, be

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supervised by a DUI program licensed by the department, and

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report to the program for supervision at least three times per

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year as required by the program for the duration of the

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revocation period. The supervision must include evaluation,

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education, referral into treatment, and other activities required

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by the department. Persons seeking reinstatement shall assume

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reasonable costs of supervision. If such person fails to comply

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with the required supervision, the program shall report the

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failure to the department and the department shall cancel such

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person's driving privilege.

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     2. For a third conviction for an offense occurring within a

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period of 10 years after the date of a prior conviction for a

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violation of the provisions of s. 316.193, former s. 316.1931, or

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a combination of those sections, may, upon the expiration of 24

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months after the date on which the revocation was imposed,

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petition the department for reinstatement of his or her driving

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privilege on a restricted basis. Reinstatement of the driving

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privilege pursuant to this subparagraph shall be restricted to

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business or employment purposes only. The department shall

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require the person to remain abstinent from alcohol or other

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drugs through the petition and approval process as demonstrated

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by continuous alcohol monitoring for not less than 90 days as

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reported to the DUI program licensed by the department through

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which the petitioner applied for supervision services. In

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addition, the department shall require that the person refrain

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from driving and abstain from the use of alcohol or other drugs

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during the 12 months immediately preceding reinstatement, be

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supervised by a DUI program licensed by the department, and

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report to the program for supervision at least three times a year

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as required by the program for the duration of the revocation

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period. The supervision must include evaluation, education,

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referral into treatment, and other activities required by the

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department. The person seeking reinstatement shall assume

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reasonable costs of supervision. If the person fails to comply

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with the required supervision, the program shall report the

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failure to the department and the department shall cancel the

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person's driving privilege.

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     3. For a fourth or subsequent conviction for a violation of

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the provisions of s. 316.193, former s. 316.1931, or a

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combination of those sections, may, upon the expiration of 5

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years after the date on which the revocation was imposed,

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petition the department for reinstatement of his or her driving

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privilege on a restricted basis. Reinstatement of the driving

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privilege pursuant to this subparagraph shall be restricted to

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business or employment purposes only. The department shall

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require the person to remain abstinent from alcohol and other

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drugs through the petition and approval process as demonstrated

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by continuous alcohol monitoring for not less than 180 days as

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reported to the DUI program licensed by the department through

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which the petitioner applied for supervision services. In

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addition, the department shall require that the person refrain

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from driving and abstain from the use of alcohol or other drugs

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during the 12 months immediately preceding reinstatement, be

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supervised by a DUI program licensed by the department, and

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report to the program for supervision at least three times a year

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as required by the program for the duration of the revocation

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period. The supervision shall include evaluation, education,

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referral into treatment, and other activities required by the

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department. The person seeking reinstatement shall assume

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reasonable costs of supervision. If the person fails to comply

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with the required supervision, the program shall report the

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failure to the department and the department shall cancel such

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person's driving privilege.

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Reinstatement of the driving privilege pursuant to this

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subsection shall be restricted to business or employment purposes

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only. In addition, the department shall require such persons upon

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reinstatement to have not driven in violation of their

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revocations, and to have been drug free for at least 12 months

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immediately prior to such reinstatement, to be supervised by a

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DUI program licensed by the department, and to report to the

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program at least three times a year as required by the program

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for the duration of the revocation period for supervision. Such

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supervision shall include evaluation, education, referral into

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treatment, and other activities required by the department. Such

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persons shall assume reasonable costs of supervision. If such

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person fails to comply with the required supervision, the program

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shall report the failure to the department, and the department

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shall cancel such person's driving privilege. This paragraph does

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not apply to any person whose driving privilege has been

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permanently revoked.

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     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a

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person whose driving privilege has been permanently revoked

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because he or she has been convicted of DUI manslaughter in

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violation of s. 316.193 and has no prior convictions for DUI-

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related offenses may, upon the expiration of 5 years after the

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date of such revocation or the expiration of 5 years after the

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termination of any term of incarceration under s. 316.193 or

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former s. 316.1931, whichever date is later, petition the

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department for reinstatement of his or her driving privilege.

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     (a)  Within 30 days after the receipt of such a petition,

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the department shall afford the petitioner an opportunity for a

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hearing. At the hearing, the petitioner must demonstrate to the

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department that he or she:

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     1.  Has not been arrested for a drug-related offense during

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the 5 years preceding the filing of the petition;

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     2.  Has not driven a motor vehicle without a license for at

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least 5 years prior to the hearing;

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     3.  Has been drug-free for at least 5 years prior to the

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hearing; and

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     4. Has abstained from consuming alcohol for 5 years as

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demonstrated by a period of not less than 180 days of continuous

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alcohol monitoring as reported to the licensed DUI program

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supervising the petitioner. For purposes of this subparagraph,

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the term "continuous alcohol monitoring" means automatically

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testing breath, blood, or transdermal alcohol concentration

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levels at least once every hour and detecting any attempts to

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tamper with or obstruct the testing process, regardless of the

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location of the person who is being monitored, and regularly

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transmitting the data to a licensed DUI supervision program

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provider; and

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     5. Has completed a DUI program licensed by the department.

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     Section 4.  Paragraph (e) is added to subsection (3) of

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section 322.2715, Florida Statutes, to read:

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     322.2715  Ignition interlock device.--

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     (3)  If the person is convicted of:

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     (e) A fourth or subsequent offense of driving under the

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influence, the ignition interlock device shall be installed for a

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period of not less than 10 years.

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     Section 5.  Subsection (5) of section 322.16, Florida

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Statutes, is amended, and subsection (7) is added to that

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section, to read:

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     322.16  License restrictions.--

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     (5)  It is a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083, for any person to operate a

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motor vehicle in any manner in violation of the restrictions

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imposed in a license issued to him or her except as described in

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subsections (6) and (7) for a violation of paragraph (1)(d),

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subsection (2), or subsection (3).

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     (7) Any person operating a motor vehicle in violation of an

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ignition interlock restriction commits an offense of the same

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degree and punishable in the same manner as described in s.

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322.34 or s. 322.341.

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     Section 6.  This act shall take effect July 1, 2008.