| 1 | A bill to be entitled |
| 2 | An act relating to driving under the influence; providing |
| 3 | a short title; amending s. 316.193, F.S.; requiring that |
| 4 | ignition interlock devices be used for a specified period |
| 5 | after a first conviction of certain offenses; revising |
| 6 | provisions relating to the period for which an ignition |
| 7 | interlock device may be required for a second conviction |
| 8 | of certain offenses; amending s. 322.2715, F.S.; requiring |
| 9 | ignition interlock devices to be set to prevent a vehicle |
| 10 | from starting if the operator's blood alcohol level |
| 11 | exceeds a specified amount; revising the time that |
| 12 | ignition interlock devices must be used after a first |
| 13 | conviction of certain offenses; requiring the Department |
| 14 | of Highway Safety and Motor Vehicles to require |
| 15 | installation an ignition interlock device if a court fails |
| 16 | or neglects to order installation under a specified |
| 17 | provision; providing an appropriation; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. This act may be cited as the "Grace Redgate |
| 23 | Act." |
| 24 | Section 2. Subsection (2) and paragraph (c) of subsection |
| 25 | (4) of section 316.193, Florida Statutes, are amended to read: |
| 26 | 316.193 Driving under the influence; penalties.-- |
| 27 | (2)(a) Except as provided in paragraph (b), subsection |
| 28 | (3), or subsection (4), any person who is convicted of a |
| 29 | violation of subsection (1) shall be punished: |
| 30 | 1. By a fine of: |
| 31 | a. Not less than $250 or more than $500 for a first |
| 32 | conviction; and. |
| 33 | b. Not less than $500 or more than $1,000 for a second |
| 34 | conviction; and |
| 35 | 2. By imprisonment for: |
| 36 | a. Not more than 6 months for a first conviction; and. |
| 37 | b. Not more than 9 months for a second conviction; and. |
| 38 | 3. For a second conviction, By mandatory placement for a |
| 39 | period of at least 1 year, at the convicted person's sole |
| 40 | expense, of an ignition interlock device approved by the |
| 41 | department in accordance with s. 316.1938 upon all vehicles that |
| 42 | are individually or jointly leased or owned and routinely |
| 43 | operated by the convicted person, when the convicted person |
| 44 | qualifies for a permanent or restricted license, for: |
| 45 | a. At least 6 months for a first conviction if the person |
| 46 | had a blood alcohol level or breath alcohol level of 0.15 or |
| 47 | higher but less than 0.20 at the time of the offense. |
| 48 | b. At least 1 year for a second conviction. The |
| 49 | installation of such device may not occur before July 1, 2003. |
| 50 | (b)1. Any person who is convicted of a third violation of |
| 51 | this section for an offense that occurs within 10 years after a |
| 52 | prior conviction for a violation of this section commits a |
| 53 | felony of the third degree, punishable as provided in s. |
| 54 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
| 55 | order the mandatory placement for a period of not less than 2 |
| 56 | years, at the convicted person's sole expense, of an ignition |
| 57 | interlock device approved by the department in accordance with |
| 58 | s. 316.1938 upon all vehicles that are individually or jointly |
| 59 | leased or owned and routinely operated by the convicted person, |
| 60 | when the convicted person qualifies for a permanent or |
| 61 | restricted license. The installation of such device may not |
| 62 | occur before July 1, 2003. |
| 63 | 2. Any person who is convicted of a third violation of |
| 64 | this section for an offense that occurs more than 10 years after |
| 65 | the date of a prior conviction for a violation of this section |
| 66 | shall be punished by a fine of not less than $1,000 or more than |
| 67 | $2,500 and by imprisonment for not more than 12 months. In |
| 68 | addition, the court shall order the mandatory placement for a |
| 69 | period of at least 2 years, at the convicted person's sole |
| 70 | expense, of an ignition interlock device approved by the |
| 71 | department in accordance with s. 316.1938 upon all vehicles that |
| 72 | are individually or jointly leased or owned and routinely |
| 73 | operated by the convicted person, when the convicted person |
| 74 | qualifies for a permanent or restricted license. The |
| 75 | installation of such device may not occur before July 1, 2003. |
| 76 | 3. Any person who is convicted of a fourth or subsequent |
| 77 | violation of this section, regardless of when any prior |
| 78 | conviction for a violation of this section occurred, commits a |
| 79 | felony of the third degree, punishable as provided in s. |
| 80 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
| 81 | for such fourth or subsequent violation may be not less than |
| 82 | $1,000. |
| 83 | (4) Any person who is convicted of a violation of |
| 84 | subsection (1) and who has a blood-alcohol level or breath- |
| 85 | alcohol level of 0.20 or higher, or any person who is convicted |
| 86 | of a violation of subsection (1) and who at the time of the |
| 87 | offense was accompanied in the vehicle by a person under the age |
| 88 | of 18 years, shall be punished: |
| 89 | (c) In addition to the penalties in paragraphs (a) and |
| 90 | (b), the court shall order the mandatory placement, at the |
| 91 | convicted person's sole expense, of an ignition interlock device |
| 92 | approved by the department in accordance with s. 316.1938 upon |
| 93 | all vehicles that are individually or jointly leased or owned |
| 94 | and routinely operated by the convicted person for at least 1 |
| 95 | year up to 6 months for the first offense and for at least 2 |
| 96 | years for a second offense, when the convicted person qualifies |
| 97 | for a permanent or restricted license. The installation of such |
| 98 | device may not occur before July 1, 2003. |
| 99 | Section 3. Subsection (1) and paragraph (a) of subsection |
| 100 | (3) and of section 322.2715, Florida Statutes, are amended to |
| 101 | read: |
| 102 | 322.2715 Ignition interlock device.-- |
| 103 | (1) Before issuing a permanent or restricted driver's |
| 104 | license under this chapter, the department shall require the |
| 105 | placement of a department-approved ignition interlock device, |
| 106 | installed in such a manner that the vehicle will not start if |
| 107 | the operator's blood alcohol level is in excess of the level |
| 108 | provided in s. 316.1937(1), for any person convicted of |
| 109 | committing an offense of driving under the influence as |
| 110 | specified in subsection (3), except that consideration may be |
| 111 | given to those individuals having a documented medical condition |
| 112 | that would prohibit the device from functioning normally. An |
| 113 | interlock device shall be placed on all vehicles that are |
| 114 | individually or jointly leased or owned and routinely operated |
| 115 | by the convicted person. |
| 116 | (3) If the person is convicted of: |
| 117 | (a) A first offense of driving under the influence under |
| 118 | s. 316.193 and has an unlawful blood-alcohol level or breath- |
| 119 | alcohol level as specified in s. 316.193(4), or if a person is |
| 120 | convicted of a violation of s. 316.193 and was at the time of |
| 121 | the offense accompanied in the vehicle by a person younger than |
| 122 | 18 years of age, the person shall have the ignition interlock |
| 123 | device installed for 1 year 6 months for the first offense and |
| 124 | for at least 2 years for a second offense. The ignition |
| 125 | interlock device shall be installed for at least 6 months for a |
| 126 | first conviction if the person had a blood alcohol level or |
| 127 | breath level of 0.15 or higher but less than 0.20 at the time of |
| 128 | the offense and at least 1 year for a second conviction as |
| 129 | specified in s. 316.193(2). If the court fails or neglects to |
| 130 | order the ignition interlock device to be installed pursuant to |
| 131 | this section, the department shall require the installation of |
| 132 | the device. |
| 133 | Section 4. Beginning in fiscal year 2008-2009, there is |
| 134 | appropriated $100,000 recurring from the Highway Safety |
| 135 | Operating Trust Fund to the Department of Highway Safety and |
| 136 | Motor Vehicles to be used for the purposes of implementing the |
| 137 | program in section 322.2715, Florida Statutes. |
| 138 | Section 5. This act shall take effect October 1, 2008. |