Florida Senate - 2008 CS for SB 1424
By the Committee on Transportation; and Senator Wise
596-06942-08 20081424c1
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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. 322.21, F.S.; requiring any person who has an
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ignition interlock device installed to pay a service fee
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of $15 to the Department of Highway Safety and Motor
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vehicles; requiring the department to deposit the service
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fee into the DUI Programs Coordination Trust Fund;
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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 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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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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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. Subsection (8) of section 322.21, Florida
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Statutes, is amended to read:
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322.21 License fees; procedure for handling and collecting
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fees.--
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(8) Any person who applies for reinstatement following the
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suspension or revocation of the person's driver's license shall
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pay a service fee of $35 following a suspension, and $60
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following a revocation, which is in addition to the fee for a
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license. Any person who applies for reinstatement of a commercial
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driver's license following the disqualification of the person's
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privilege to operate a commercial motor vehicle shall pay a
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service fee of $60, which is in addition to the fee for a
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license. Any person who has an ignition interlock device
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installed pursuant to this chapter or chapter 316 shall pay a
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service fee of $15. The department shall collect all of these
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fees at the time of reinstatement. The department shall issue
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proper receipts for such fees and shall promptly transmit all
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funds received by it as follows:
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(a) Of the $35 fee received from a licensee for
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reinstatement following a suspension, the department shall
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deposit $15 in the General Revenue Fund and $20 in the Highway
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Safety Operating Trust Fund.
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(b) Of the $60 fee received from a licensee for
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reinstatement following a revocation or disqualification, the
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department shall deposit $35 in the General Revenue Fund and $25
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in the Highway Safety Operating Trust Fund.
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(c) Of the $15 fee received from the licensee who has an
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ignition interlock device installed, the department shall deposit
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the $15 fee into the DUI Programs Coordination Trust Fund.
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If the revocation or suspension of the driver's license was for a
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violation of s. 316.193, or for refusal to submit to a lawful
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breath, blood, or urine test, an additional fee of $115 must be
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charged. However, only one $115 fee may be collected from one
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person convicted of violations arising out of the same incident.
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The department shall collect the $115 fee and deposit the fee
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into the Highway Safety Operating Trust Fund at the time of
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reinstatement of the person's driver's license, but the fee may
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not be collected if the suspension or revocation is overturned.
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If the revocation or suspension of the driver's license was for a
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an additional fee of $180 is imposed for each offense. The
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department shall collect and deposit the additional fee into the
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Highway Safety Operating Trust Fund at the time of reinstatement
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of the person's driver's license.
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Section 3. 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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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 4. 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)1. A person whose license has been revoked for a period
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of 5 years or less pursuant to s. 322.28(2)(a) or (e) may, upon
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the expiration of 12 months after the date the said revocation
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was imposed, petition the department for reinstatement of his or
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her driving privilege on a restricted basis. A person whose
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license has been revoked for a period of more than 5 years under
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s. 322.28(2)(a) may, upon the expiration of 24 months after the
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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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2. A person whose license has been revoked pursuant to s.
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322.28(2)(a) or (e) for a fourth or subsequent conviction for a
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a 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. The cancellation shall remain in
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effect until the person has complied with the supervision
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requirements.
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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 5. 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 6. 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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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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Section 7. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.